> 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


tiJMlA     12.5 


IL25  II  1.4 


1^ 
1.6 


6" 


Sciences 
Corporation 


?•?  VWr«T  MA^II  STWET 

WiU.;<>.»I.Y.  145S0 

(716)172-4503 


CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICMH 
Collection  de 
microfiches. 


Canadian  Instituta  for  Historical  IMicroraproductions  /  institut  Canadian  de  microreproductions  historiquas 


Technical  and  Bibliographic  Notes/Notes  tachniques  at  bibliographiqua* 


T 
t( 


The  Instituta  has  attemptad  to  obtain  tha  bast 
original  copy  availabia  for  filming.  Faaturas  of  this 
copy  which  may  be  bibliographically  uniqua, 
which  may  altar  any  of  tha  imagas  in  tha 
raproduction,  or  which  may  significantly  changa 
tha  usual  method  of  filming,  are  checked  below. 


D 


D 
D 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommag^a 

Covers  restored  and/or  laminated/ 
Couverture  restaur^a  et/ou  peiiicuiie 

Cover  title  missing/ 

Le  titre  de  couverture  manque 


I      I    Coloured  maps/ 


Cartes  gdographiques  en  couleur 


□    Coloured  init  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

I      I    Coloured  plates  and/or  illustrations/ 


D 


Planches  et/ou  iilussrations  en  couleur 

Bound  with  other  material/ 
Relii  avac  d'autres  documents 

Tiqht  binding  may  causa  shadows  -^r  distortion 
a^ong  interior  margin/ 

La  re  liure  serrie  peut  causer  de  I'ombre  ou  de  la 
distortion  la  long  de  la  marge  IntArieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certainas  pages  blanches  ajout6es 
iors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  6t6  filmtes. 

Additional  comments:/ 
Commentairas  suppl^mantairas; 


L'Institut  a  microfilm*  la  meilleur  exemplaira 
qu'il  lui  a  AtA  possible  de  se  t>rocurer.  Les  details 
da  cat  exempleire  qui  sont  peut-Atre  uniques  du 
point  de  vua  biblidgraphiqua,  qui  peuvent  modifier 
une  image  raproduite,  oj  qui  peuvent  exiger  una 
modification  dans  la  mAthode  normale  de  filmage 
sont  indiquM  ci-dessous. 


I      I   Coloured  pages/ 


D 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommagies 

Pages  restored  and/o( 

Pages  restaurtes  et/ou  peliiculAes 

Pages  discoloured,  stained  or  foxei 
Pages  dAcolor^es,  tachettes  ou  piqutes 

Pages  detached/ 
Pages  ditachdes 

Showthroughy 
Trans|9arence 

Quality  of  prir 

Qualiti  in^gaia  de  I'impression 

Includes  supplementary  matarU 
Comprend  du  materiel  suppl^mantaira 

Only  edition  available/ 
Saula  Mition  disponibia 


r~7|  Pages  damaged/ 

I — I  Pages  restored  and/or  laminated/ 

r~p^  Pages  discoloured,  stained  or  foxed/ 

I      I  Pages  detached/ 

[7^  Showthrough/ 

I      I  Quality  of  print  varies/ 

I      I  Includes  supplementary  material/ 

I — I  Only  edition  available/ 


T 

P 
o 
fi 


0 
b 
tl 

si 
o 

fi 

si 
o 


T 
si 

Tl 
w 

M 

: 

ri) 
re 
m 


Pages  wholly  or  partially  obscured  by  errata 
jlips,  tissuaa,  etc.,  have  been  rafilmad  to 
ensure  the  bast  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'orrata,  une  pelura, 
etc.,  ont  M  filmtea  A  nouveau  da  fapon  d 
obtenir  la  maillaure  image  possible. 


This  item  is  filmed  at  tha  reduction  ratio  checked  below/ 

Ce  document  est  film*  au  taux  da  reduction  indiqu*  ci-dassous. 

10X  14X  18X  22X 


26X 


XX 


i 


12X 


16X 


20X 


24X 


2BX 


32X 


tails 
I  du 
odifior 
une 
mage 


Th«  copy  filmad  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Library  of  the  Public 
Archives  of  Canada 

The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbo!  ^*»  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


L'exemplaire  film6  fut  reproduit  grice  k  la 
gAnArositA  da: 

La  bibliothdque  des  Archives 
publiques  du  Canada 

Les  images  suivantes  ont  6t4  reproduites  avec  le 
plus  grand  soin.  compte  tenu  de  la  condition  et 
de  la  nettet*  de  l'exemplaire  film*,  et  en 
conformity  avec  les  conditions  du  contrat  de 
fiimege. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimte  sont  film6s  en  commen^ant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernlAre  page  qui  comporte  une  empre^nte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autras  exemplaires 
originaux  sont  fiimte  en  commenpant  par  la 
premiere  page  qui  comporte  une  empreinta 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernlAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaftra  sur  la 
derniAre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ►  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
filmte  A  des  taux  de  reduction  diffirents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clichA,  il  est  film*  A  partir 
de  I'angle  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nicessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


rrata 
o 


>eli:re. 
Id 


J 

32X 


1  2  3 


1 

2 

3 

4 

5 

6 

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tANDlO  EXAMINArr&M 

O  P    T  H  B 

^«U\rUAL  CliAIMS 


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Page  12,    Line  laft  fetut  one,  for  rights,    rcjad 

;•!  n^  k-  23'  Ip^'^^ai^'^ii  rii^ ::  '\  ) 

20,  U.  22^  tor  incorrcporated,  r.  incorpomtd 

ii3,  L.  S^Jp\A/ff^,<jff^^y  ^-  dangerous 

25,  L.  I  {{7  for  ^r  «jy  cottniry^  r.  of  fi^  country. 
ibid.     23,  after  legt/lation^  add  /« their  f^e-'^^; 

:  P,       y^verJ[pro^jfciali^i^^es,  f         .  j  | 

26,  X.  3,  after  without,  dele  /i&^  »;«/!  ^^  , 
executedy  and  the  penalties  recovered  wt(h'  ■ 
in  the  coffmnify^  and,  after  ^fe,  ^d 

31,  L.  30,  for  cjmmen,  ^tf^^^ 

34,  ^  4,  for  ^<f^^,  r.  d^«r^ 

35,  L.  23,  forwiith,  r.  tc;///?» 

36,  L.  14,  forrf^dal,  r.  feudal 
39,  L.  27,  dele  part 


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1 


My   DEAR   CoUNTRYMEM, 

H  E  N  wc  fee  the  cburitiy  ^c 
*livt  iflj  "iidiefe  agricvltuiie,  ele- 
gant and  btehcncml  improvc- 
■  nu^  «/;..  -  nTentirpHUoTophy,  and  all  the 
/')-,r'^n;;L^n.:rioriiber^I.^rtsr:^       fcicnces  have 
Jbi(fen  nourHlicd  ismti  fipenefl  to.  a  degree  of  per- 
Vfedh'on,  i^ftfeliilhi^    to m^k'ind.^  where  wifdoni 
'and  fotmd  {»61icy  Jfia^^  eVch  fuftained  their  due 
ai|thorrtyi^«ipt^Ke^licenttO]Likjm.  awe,  and  f-c-n-^ 
dtred  th^m  fubftrv^ient  to' '  their  own,  and  the 
jniblic  welfare ;  and  whei-e' frcedoin;  peacfe;and 
t>rder,  have  iilways  trium^K^  over  thofe  enemies 
v  to  huntarf  hta^pinefs,  opj)rcl!ion  and  liccntiouf- 
'iWfs  *,  no#'  governed  bjr'thfcbirfaarian  rqle  of 
tkn^c  folly,  atid  lawicitV  aitibitfon  r    When  we 
■fie  fVcedbni  of  fpeech  fup^Jfed,'  the  liberty  and 
-  mtccj  (fiPtliebttfe  dcftJ^j^  thfc- Yoicc  0f  truth 
'^  Alenccd  J:     A^5awlefl  pofe^dtablifc     through- 
"^  ''-"tet  the  'cbl6riife$,  forming  fawS  ibrtj^e  govcrn- 
^Iffeit'oF  tfittr  condtlft,  depriving  men  of  their 
'  Aaturit  dghti;:  and  mfli6ti$g  pchiltics  iriote  fc- 
I    v^rethpanS^ath^ltfelfiupbnaaifpfe^^ 
i  ^' edicts,'  tdi^ich  the  confthutibnjl  rnai^tfr3cy;^ia 
l-^Xomd  plains  by  force,  and  in 'cjthiers^ftlihj^ly. 
If  Submit  i-^This  property  of  ihc  fobfeft^  ^rbitrari- 
[  ij;  and  Without  'h%  xskxtK  froth  him,  in  pur- 
1    fuance  of  thofe  edicts  :—Whco,  under  thpir  in- 
fluence, Amfrita  is  aritiing  in  the  caft  and  wefl:^ 
ii'  "■■  "  ■■   -•    '  •  -agauiift? 


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'(  i  ) 

■Jfgainft  the  parent  ftate : — I  fay,  when  we  fee  thfe 
/colonies,  needlcfsly,  and  while  tlie  path  to  thdr 
fafety  and  happinefs  is  plain,  nnd  open  before 
them  1  thus  pulhing  on  with  precipitation  and 
madnefs,  in  the  high  road  of  fedition  and  re- 
bellion, which  muft  ultiniateljr  tferfniriite  in  their 
.  mifery  and  ruin  :  -  It  is  the  dqty  of  every  man  of 
thtf  Icaft  abilities,  to  try  to  reclfiim  them   from 
their  folly,  and  favc  them  from  4cftni^ion,  be- 
fore it  be  too  late*— With  this  d€(\fy^  I  am  re- 
{byd  to  revi6y\r  tlie  moft  important.contrtiverfy, 
that  .ever,  was.  .agitated  between  a  ftate  and  ks 
/members^  in  . hope,,  that  my  countrvnien,  too 
.  .^ng  feduced  froni  their  true  intercft,  by  falfe 
"*tho*.fpccious  arguments,  will,  at  length,  liilen 
..1o  reafoh  and  truth,  and  purfue  thoiemtafures 
i,.0JiIy,  which  lead  to  their  fafety  and  happinefs. 

In  a  controverfy  of  fo  great  moment,   it  is  of 

^  tfie  firft  importance  to  afcertain  tlie  liandard  by 

•/  whicli  it  oOght  to  be  decided.     1* his  being  un- 

Te^tledi  the   meriti  can  never  be  attained,  nor 

any.  JuA  decifioii  iormed.     Hence  it  is,  that  we 

,  Tim  feen  all  tlip  American  writers  on  the  flab- 

je<f^,  adopting  un.tenable  *princij)les,  and  thel[ice 

rearing  the. pplt  wild  and  chimerical  fuperftruc- 

tnftSj     Somip  of  thchi  have  fixed- on,  as  a  fource 

iironi.  .whence ,,  to  draw  American  Right,  "  the 

ij.f*' If^s  of  ,God  and  nature,**  the  common  rights 

^^jcif  itEsmltiod,  iH.^d  American  charters."  Others 

"firtding'tliat  t$e  claims  of  the  colonies,  could  not 

be  fupported' upon  thofe  pillars,  havd  racked 

their  inventions  to.jffnd  oitt  diftinitioris,  whicl^ 

never  cxiffed,  nor  can  exift,  in  reafon  or  comntiorj 

Icofc:     Adiftindbion  between  aright  in  parliai 

S^t  to  legiflate  for  the  colonies,  and  a  right  td 


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(3     ) 

ta)(  them^— between  internal  and  cxt;ernal.tax«». 
lion — and  between  taxes  laid  fof  t(ic  regulations ; 
of  trade,  and  for  the  pui;pofe  of  revenue.     Ar)4/ 
after  all  of  th^m  have   b^en  fully   co.nfid^red,  ^ 
cv^cn  the  author3  then]f<^lves,  Riding  that  they  ^ 
have  convpyed  no  fatisf^Aory  iil^a  to  the  intelli-.v 
gent  mind,^  either  of  the  extent,,  of  parliamentary  ; 
authority,  or  of  the  rights  of  Am^ri9a,  h^ye  c^-  * 
plpdcd  them,  and; taken, new  groundl,  which  wi.U.;^ 
be  found  equally  indefenfiblc;.     I  (hiiU.nQt  at:  v 
tempt  tp, account  for  a  condiu5l.  wfeich  muft  ap- 
pear fo  ftrange,  when  it  is ,  con fK^cred,  that  the . 
fubjed  itfelf  nati^rally,  and  famijiarly,  jedjo  the  ^ 
only Juft  and  proper  means  of  deciding  it.     It  is  ^ 
a  dilpute  between  the  fupreqic  aujhor^ty  of  r  the 
ftate,  anc}  a  numbej  of  its  members,  r-efpe<5J:in|:^  , 
its  fupremacy,  and  their,  cpnft^tutjpnal  rights. 
What  otiier  fource  to  d^aw  tl)em  from,  or  ftaft- ,^ 
dard  to  decide  them,  by,  ca^  rcafon  point  oijt,  _, 
byt  the  principle^  of  eovernrne.nt  jn  ^erJer^,  and  ^ 
of  th^t  conftitution   in  particular,  wricrc  both  ,j 
are  ta  be  found,  defined  and  eftablilhed  ?    Who'- 
everfearches  for  them  elfe  where,  will  fearch  for." 
them  in  vain,  and  eve;*  confoi'ugd  the  ^  fubjedt,  ^ 
perplexhimCclf,,  and  bewildejr.  the  reader. 

In  order  then  to  afcertain  the  conflitutional, 
ej^tent  of  parliamentary  authority  j  to  determiric 
whether  the,  colonies  are  members  of  the  Britilh 
ftatp;  and,  if  they  are,  to  mark  out  their  juft  .^ 
rights,  an4  tq,  propofe  a  remedy  to  reconcife  '^ 
them,  upon  principles  of  government;  and  libpr- 
tjr ;  it  is  necef^ry,  firft,  to  dejineate  thqfe  prirt-  ,^ 
cifles,  which  are  effential  in  the  conftitiition  of,, 
all  focieties,  and    particularly  in  that    of  thp 
%itiii' government.        .  "' 


^ 


(    4     ) 

'There  is  no  pofuion  more  firmly  eftabliflicd, 
in  tJie  condu^  of  mankind,  Than  that  there  muft 
be  1ft  every  (late  afupreme  legiflative  authority, 
iintverfal  in  its  extent,  over  every  member.  This 
truth,  the  principles  iipoh  which  all  gov'ernmcnis 
firbrti  the  earlieft  ages  have  been  eft^liflied,  ugi- 
fohhly  dcmonfti'^te.  This  truth,  the  authority 
of  all  authors  of  credit  will  ever  fub|iort. — This 
trith,  the  nature  and  reafon  of  ciyif  Ibcieties  will 
forever  evince.  Tulljr  gives  us  this  definition  of 
government,  "  Multitudo  juris  confenfii  et  uti- 
f'  litati?  communionc  (bciata.  A  miiltrtude  of 
•'  people  united  together  by  a  communion  of  in- 
*'  tercfts,  and  commoHlnws  to  which  they  allfubmit 
^*  wttb  one  accord. .  Mr.  Locke  tells  us,  that  *'  the 
**  fiT^fundaniental  pqfitive  law  of  all  'common - 
*'  Syealths'is,  the  eftablifhing  /i&^/^^/wjKJw^r, , 
This  legiflative  is  not  on Jy  the  jupreme  poiv^r 
'Of  the  common-wealth ',  hut  is  faci-eci  and  unal- 
terable in  the  hands  where  the  community 
have  placed  it."  And  in  another  place,  he 
fays,  ^'^  there  canhc  hut  one  fupreffti^ pcxer,  which 
is  the  legifiativd^  to  which  all  the  teft  are,  and 
fritift  he,jubordinate.**  The  judicious  Burla- 
maquii  in  treating  of  the  cflential  confticurion 
of  ft^tes,  and  of  the  manner  in  which  they  are 
formed,  declares  that  in  forming  z  fociety,  **  it 
*'  is  neccff^  to  unite  forever  the  wills  of  all  the 
**  niefnhers'wi  fuch  a  manner,  that  from  that  tinic 
•*  forward  they  Ihould  never  defir^  ^hut  one  and 
*\thefame  thing,  in  whatever  relates  to  the  end 
*^-and  purpofc  of  fociety.  It  is  afterwards  ne- 
•*•  cepkry,  to  eftablilh  afupreme  power,  fugported 
♦'  by  the  flrerigth  of  the  whole  body.  That  it 
-iifrom  this  union  of  wills  and  ftrengtb^  that  the 
^      - ■         "  body 


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body  politic^  srftatc^  refuhs  •,  and  without  it  wp 
coqid  never  conceive  a  civil  Jociety,     That  the 
ftate  is  confidered  as  a  body,  or  moral  perfon, 
of  which  i\it  Sovereign  is  the  chief  head,  and 
\,\\^  fuhjeSls  are  the  members''  And  afterwards, 
in  another  part  he  fays,    *'  The  ftate  is  a  body, 
or  ibcicty,  animated  by  cnefouly  which  direds 
all  its  motions,  and  makes  all  its  members  adt  af- 
ter a  conjtant  and  uniform  manner,  with  a  view 
to  one  and  the  fame  end,  namely  the  public  uti- 
lity.'*    And   in  another  chapter,  fpeaking  of 
the  charaders  of  fovereignty,  its  modifications 
and  extent,  he  avers,  "that  in  every  gpvern- 
ment  there  fhould  be  fuch  ^  fupr erne  power,  is 
'*  a  point  abfolutely  neceffaryy  the  very  nature 
of  the  thing  requires  it;  otherwife  it  if  impof- 
ftble  for  it  to  fubfifi .     That  this  povver  is  that, 
from  which  all  others  flow,  it  being  a  fupreme 
and  independent  pov/er ;  that  is,  a  power  that 
jud^s  finally  of  whatever  \%  fufteptible  of  hu- 
man dire^ion,  and   relates  to  the  welfare  and 
advantage  of  fociety."     And  Acherley,  in  his 
treatife  on. the  Britannic  conftitution,  proves  with 
great  ftrength  of  argument,    "  That  the  fupreme 
power  ia  every  government  and  nation,  is  the 
legijlative  power  of  making  and  altering  thofe 
laws  of  it,    by  which  every  man  is  to  be  bounds 
and  to  which  he  is  to  yield  obedience'^ 
The  evidence  of  all  other  authors  of  credit^ 
9ven  of  thofe  the  mofl  attached  to  republican 
forms  of  government,  might  be  adduced,  to  dc- 
riionftrate  the  fame  trutlis ;  but  this  muft  t)e  |l||^ 
necclTary,  when  we  refer  to  the  forms  of  all  cmt 
lized  Societies,  whether  m.onarchicai,  ariftOcrati- 
caly  democratical,  or  mixed  -,  and  there  find  a 
'^  ■ "'  fovcrdgn 


(( 


« 


(( 


4( 


4( 


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i( 


(C 


C( 


(( 


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1 


t 


I 


U- 


i 


Ik 

It .  1 


(        0        )  t. 

fovcrcign  legiflature  cftabliflicd,  to  which  it  i^ 
the  duty  of  every  member  uniformly  to  yield  obe- 
dience.     A  due  attention  to  this  univcrlal  prin- 
ciple, which  fecms  too  firmly  fettled  to  bclhak- 
cn  by  any  fophiftical   diftindions,  would  have 
faved  the  ^nfterican  writers  txovix  all   tkeir  nu- 
merous abiurdities.     It  would  have  (hewn  them, 
that  the  legiflative  authority  in   every  govern- 
ment muft  of  neceflity  be  equally  fupreme  over,  all 
its  members, — That  to  diyidt  this  fiipremacy,  by. 
allowing  ittoexift  in  fome  cafes,  andfiot  in  all,— -^ 
over  a  part  of  the  members,  and  not  the  whole,^ — . 
is  to  weaken  and  confound  the  operations  of  th<^. 
fyftem,  axKl  to  fubvert  the  very  end  and  pur- 
poie  for  which  it  \ya;s  formed  •,  in  as  much  as  the, 
vigour  and  ftrength   of  every  machine,  \vhcther 
mechanical  or  political,  muft  depend  upon  the 
confiftency  of^  its  parts,  and  their  correfponding 
obedience  to  the  fuprcaie  aiiing  power:     And  ii; 
would  Have  /hewn  that   there  can  be  no  alter-' 
native  -,  either  the  colonies  muft  be  confidered  as 
complete  members  of  the  ftate,  or  {q  rnany  dif- 
tind  communities,  in  a  ftate  of  nature,  as  inde- 
pendant  of  ir^  as  Hanover,  France,  or  Spain. 

That  there  is  fuch  a  fupreme  power  eftablifhed 
in  the  Britilh  focicty,  which  has  from  the  time 
of  its  origin,  exercifed  this  univerf^l  aujifiority 
over  all  its  members,  will  not  be  denied.  But 
where  it  is  lodged ;  what  are  its  modifications ; 
and  what  are  the  powers  fubordinafe  to  it,  is  a 
neceflary  enquiry.  It  will  lead  4ilrt!b  thofe  prin- 
ciples which  muft  decide  many  important  quef- 
tton%  in  this  great  controverfyi  and  in  particu- 
lar point  out  tke  abfurdity,  in  th^  coltnifts,  whea 


r 

i  1 


J 


y. 


they  acjknowlcdgf*  allegiance  to  the  King,  ami  cU.- 
ny  obedience  to  the  laws  of  parliamenr. 

The  government  of  Great-Britain  is  of  a  par- 
ticular kind.  There  is  none  now  in-the  world 
like  it.  It  is  of  a  mixed  form,  compoIi;d  partly 
of  the  principles  of  a  monarchy,  ariftocracy,  and 
democracy ;  and  yet  cannot  with  propriety  be 
defcribed,  by  the  nanne  of  either  of  them.  Its 
fupreme  legiflative  head  is  lodged  in  the  King, 
Lords  and  Commons.  To  their  authority  every 
other  power  of  the  ftate  is  fubordinate,  and  eve- 
ry member  muft  yield  full  and  perfed^  obedience. 
Thcfe  three  branches  conftituting  but  one  fu- 
preme politic  head,  their  power  is  eqjiial  and  con- 
current ;  their  joint  afient  being  ncccflary  to  the 
validity  of  every  z.Sl  of  legiflature.  So  that  even 
in  this  department  of  the  ftate,  which  is  the 
higheftandfirft  in  order,  the  King  is  notiupremei 
being  only  one  of  three  equal  in  power.  It  can- 
not therefqre  be  to  the  King,  as  leglflator,  that 
the  colonifts  owe  obedience  and  allegiance ;  bc- 
caufe  lie  has  no  fuch  complete,  independent  ca- 

Eacityi  he  is  not,  by  the conftitution,  a  legiQator,- 
ut  only  a  part  of  one  •,  and  to  fubmit  to  the 
powerof  a/tfr/,  and  not  to  the  whole,  is  too  great 
an  abfurdity  for  men  of  fenfe  to  adopt. 

But  as  the  legiflature  does  not  always  exift, 
it  could  avail  little,  without  fome  power  to  fu- 
perintcnd  the  execu tion  of  its  regulations.  The 
appointment  .of  a  rr^pfcfentative  of  the  whole 
ftate,  to  fee  that  its  laws  are  duly  carried  into 
execution,  was  abfolptely  neceflary.  The  King 
is  that  reprefentativc  ♦,  and  as  fuch  is  veftcd  with 
^e  cxeciftive  power  of  the  Britifti  government . 
Biitthis^  power  is  a  fubordinate  one,  and  perpe- 

'    tuaijy 


I 


's-l 


:\, 


^mmmmmm 


(^ 


ii 


t0M 


<.-/ 


cc 


t( 


(    8    ) 

tuany  liable  to  the  alterations  andcontrbul  of  the 
fupremc  kgiflatiVe  atithfoHtjf ;  whafc  will,  enaftcd 
into  laws,  is  the  folegwide  andrvtle  of  iti  ac- 
tions.    Mr.  Locke  tells  iis^  that  the  King  "  is 
to  be  confidercd  as  the  image,  phantom ,  or 
riprefifitative  of  the  commoh  wealthy  arid  hy  the 
wiliofibe  fociety  deilared  into  Us  laws ^  arid  thus 
has  nur  willy  ftopcwcr,  bitt  thai  of  the  kw^ 
To  hinij   in  this  'peprcfrntative  capacity,  ^hd 
as  fupreme  executory  of  the   laws,  nfiade  by  a' 
joint  power  of  him-  and  others^  the  oaths  of  alle- 
•  •  giance  are  taken  •,.  arid  by  hirtij  that  obedicriCe  in 
the  fubjcftstp  the  laws,   which  intitte  thefh  to  ' 
proteftiOrt:  ih  their  perfqris  and  properties,  fe  re- 
ceived.- Is  it  vthen  to  hini,   as  reprefenta^ive  of 
(he  flrat^,  and  executor  ipf  its  latvs,  that  the  Anric- 
ricans  profefs  their  alfegiidnce  ?    This-  cah'nbt  be ; 
feecauie  it  wouH  be  owning  Jin  obedieheeix)  the 
laws  of  the  ftate  which  he'  ieptefertts^  arid  i^ 
bbiJnd  to  ejpecute,  and  of  ;i;i;Ji'ich  they  uhi^ 
ly  deny  the  force  and  obHgifion.     Hcrifcife  thefc 
profeflions  arc  not  ifiadfe  %o  him  either 4n  -his  le- 
giilativev  or  eyeciuive  caj!)acitie       feu^-yet   it 
kerns  they  ar^  made  to'  the  feihg;     And^ihto  this 
diftin^ion,  which  1^  ho  wheire  to  be  found,'  either 
in  the  cpnftitutioh  of  the  eoverAment,  ih'reafon 
Or  cdrtinibn  fenfe^  the  Ignorant  and  thpiightlefs 
have  becifi-  deltldcd  ever  fince  the  pafllng  of  the 
ftamp-afl,  and  they  have  reftcd  fatisfied  with  it 
without  the  Icaft  examinatipn ;  for  we  find  it  in 
all  the  refolvcs  and  petitjbns  of  the  Afncrican 
aflcfnblies,  town  meeting,  provincial   cohimit- 
fees,  arid  even  in  the  proceedings  of  the  conti- 
iitntal  congrcis.    And  fuch  have  been  thg  un- 


II 


^t 


^,  f  .mjiii^mM 


WTwrr 


^  \  (    9    ) 

litjppjr  effcds,  that  we  have  fcen  the  officers  o£ 
juftice  in  America,  who  have  taken  the  oaths  to 
the  Britifh  government,  refolutely  oppofing  the 
execution  of  thofe  very  laws,  which  they  have 
fworn  to  obey  and  execute^  and  thus  unwitting- 
ly Aiding  into  the  mo(l  palpable  pcijuries.  I  do 
not  mean  to  offend  th  inventors  of  this  refined 
diftindion,  when  I  afk  them — Is  this  acknow- 
ledgment made  to  the  King,  in  his  politic  capa- 
city, as  King  of  Great-Britain,  or  of  America  f 
If  to  him  in  the  firft,  it  includes  apromife  of  obe-  ^ 
dience  to  the  Britifh  laws,  as  I  fhall  more  fully 
pro/c  hereafter.  If  in  the  fecond,  as  King  of 
America,  when  did  he  affume  that  title,  and  by 
whom  was  it  conferred  ?  When  was  he  crowned? 
On  the  contrary  has  he  not  invariably  denied  the 
exiftence  of  any  fuch  capacity  in  him,  by  an  uni- 
form conduct,  in  exerting  his  authority,  to  exe- 
cute the  Britifli  ftatutcs  in  America  ? 

In  his  feprefcntative  capacity,  the  King  alfo 
holds  the  great  feal,  or  the  feal  of  the  ftate,  and 
h^s  i-ighc  to  afHx  it  to  all  a6ts  of  the  legiflature, 
and  fuch  as  he  is  impowered  to  do  by  his  prex 
rogativc,  and  m  other.  He  has  alfO  certain  pre- 
rogatives, which  are  defined  and  known.  By 
one  of  them  he  has  right,  under  the  great  feal,  to 
form  any  circle  of  territory,  within  the  realm, 
and  the  fubjefls  on  it,  into  inferior  bodies  po- 
litic, and  to  veil  them  with  the  power  to  make 
municipni  laws,  for  the  regulation  of  its  internal 
police,  fo  far  as  it  relates  to  the  welfare  of  that 
circle  only :  But  by  oo  means  toducharge  them 
from  their  obedience  to  the  fupnriiie  legifktive 
Authority.  Becaufe  this  would  be  to  weaken, 
difiocmber,  and  in  the  end  deitrojr  the  itate,  con- 

i  trary 


M 


/- 


/ 


MPIPHIIP^ 


^m 


V  "       (     10    )  ■ 

trary  tothc  intent  for  which  the  prerogative  was 
veiled  in  hitn,  namely,  the  pi^b4ic  good  and 
fafetv. 

Having  thus  cftablifhed  the  neccflity  ofafq- 
prcme  legifiativc  authority  in  every  government, 
and  fhewn  that  it  is  an  e/fential  principle  in  the 
jEngliih  ftate,  and  explained  fuch  other  parts  of 
the  conftitution  as  are  neceflary  ro  my  purpofe ; 
let  us  next  enquire  whether  the  colonics  of  right 
are  members  of  that  ftatc,  or  fo  many  indepen- 
dent communities,  in  a  ftate  of  nature,  ^itn  reiped 
to  it.  tor  feeing  a  legi dative  authority  fcQmpe- 
tent,  in  all  cafes  whatfocver,  over  every  membei^, 
is  neceffary  in  every  government ;  the  colonies 
ipu^ft  ftand  in  one  or  other  of  thefe  predicaments. 

The  lands  upon  which  the  colonies  are  eftab- 
lifhed  muft  be  confidered,  as  they  truly  are,  ei- 
ther difcovered,  Or  conquered  territories.  In  ei- 
ther cafe  the  right  of  property  is  in  the  ftate,  un- 
der the  licenfe  or  authority  of  which  they  were 
difcovered  or  conquered.  This  property  being 
vetted  in  the  ftate,  no  fubjed  can  lawfully  enter 
upon,  and  appropriate  any  part  of  it  to  his  own 
ufe,  without  a  cpmmiflion  or  grant  from  the  im- 
mediate reprefentative  for  that  purpofe.  Hence 
we  find  in  the  hiftories  of  all  civilized  ftates, 
frpni  the  earlicft  ages  to  this  day,  the  headft, 
or  reprefentativcs  of  all  governments,  diftribut- 
ing  jfuch  lands,,  by  fpccial  grants,  among  their 
people,  who  in  every  inftance  which  hiftory  af- 
fords, ftill  retain  the  duties  of  fubjcfts :  And 
there  is  no  pofition  better  cftablifticd  by  the 
praftice  and  ufage  of  all  focieties,  thin  that  where 
a  fubjed  removes  from  one  part  of  the  territory 
of  a  goveroo^cet.  to  a^  the  fan^6, 


lii»j 


..fr: 


N 


t 


(  II  ) 

his  political  rights  and  duties  remain  as  before; 
.but, where  the  fubjed  of  one  (is^te  removes  to  the 
territory  of  another,  and  fettles  there,  hispoliti- 
•  cal  rights  and  duties  arc  changed  from  thofe  of 
.the  ftate  fronj  whence  he  removed,  to  thofe  of 
the  (late  under  which  he  iettks,  and  from  which 
^e  receives  protcdion.     No  perfon  acquainted 
with  politic  law,  or  the  practice  of  focieties,  in 
thefe  refpefts, ,  will  aflert  the  contrary.    What 
then  are  the  circumftances  of  America  ?    Under 
what  authority  wa$  it  diftoYcrcd?    What  was 
the  intent  of  the  difcovery  ?  By  whom,  and  un- 
der what  authority,  has  it  b^en  fettled  ?  '  A  deci- 
^1  of  thefe  queiftions  will  lead  us  to  a  very  im- 
portant truth,  viz.     That  the  colonies  are  of  , 
Right  members  of  the  Britiih  govcramcnt.    -  : 
.    America  was  difcovcred  in  the  latter  end  pf 
.the  15th  century,  by  Sebai^ian  Cabot,   autho-  ' 
'  rifed  for  that  fpecial  purpofc,  under  the  gr<^at 
.iiealof  tJiB  (late,  affixed  to  his  commiflTion,  hyHin- 
ry  y.  RepFefentative  of  the  Britifli  governtment. 
The  fignatun  of  the  great  feal  ftflly  proves  that 
the  King  did  not  in  tJw)  granting  this  commiflion, 
con0der  hamfelf  as  ading  in  his  private,  but  in 
his  politic  capacity.   In  the  firft  ne  had  no  right 
to  affix  it,  in  the  fecond  he  had.     The  defign  in 
view  was  to  encreafe  the  territories,  extend  the 
commerce,  knd  add  to  the  wegltli  and  power  of 
the  ftate.  Ai^  therefore  the  dilcovery  was  made 
to  the  uiex>f  die  ftate,  and  the  territories  became 
imnicdisttely  fulled  to  its  fupreme  authority.  No 
mio  in  his  ibbpr  fenfes  will,  I  im^ine,  affirm  that 
Hmry  7.  had  in  view  the  difcovery  of  a  coijntry, 
into  which  his  fucceffer*  might  give  licenle'to 
the  members  of  the  ftate  to  emigrate,  with  in- 

B  2  teat 


(      12      ) 


**, 


i. 


y 


tent  to  become  independent  of  its  authoritjr. 
Such  a  dcfigh  is  too  abfurd  to  be  fuppofed  ever 
to  have  been  admitted  into  a  ly  fytlcm  of  policy  j 
much  left  that  of  a  Prince  fo  juftly  famed  forhi* 
wifdoBi. 

Every  coleny  in  America,  as  well  thofe  un- 
der charters,  as  Others,  has  been  ietticd  under 
the  licence  and  authority  of  the  great  leal,  affixed 
by  the  reprcfentative  of  the  body  politic  of  the 
Britifh  ftate.  The  property  of  the  territory  of 
America  being  in  the  llate,  and  its  members  re- 
moving under  its  authority  from  one  part  of  it 
to  another,  equally  fjbje6t  to  its  fupreme  jurif- 
diftion;  they  of  confcquence,  brought  over 
with  them  all  theh*  political  rights  and  Mies^znd 
antongft  the  reft,  that  of  pcrfcft  obedience  to  its 
laws  V — nor  could  they  be  left  or  changed  by  an. 
alteradoR  of  their  local  circumftancte.  Indeed 
nothing  can  be'  more  explicitly  eonfeflcd  thaw 
this  truth,  in  all  the  American  declarations  Of 
-  their  rights.  I  ftiall  cite  only  thofe  of  the  con- 
grefles  which  met  at  New- York  in  1 765,  and  at 
Philadelphia  in  1774.  By  the-firft  wc  are  told» 
*'  that 'his  Majefifs  fubjedts  in  thefe  colonies  an 
entitled  to  all  the  inbereni  rights  and  liberties  of 
his  natural  born  fuhjedks  within  the  kingdom 
**  ofGrcat-Britain.'*^  And  in  the  fecond,  "That 
our  anceftors,  who  firft  iettled  thefe  colonies, 
were,  at  the  time  of  their  emigration  from  the 
•*  mother-country,  entitled  to  aU the  rights^  libera 
*•  //>/  and  immunitkis  of  tree  and  naturat  born 
**  fqbjedts  within  the  reakn  of  En^and.'*  And 
••  that  by  fticb  emigration  they  by  no  nfieanitfor- 
**  fcitcd,  furrcndercd^  or  loft  iny  of  thofe  rights.'* 
Thus  evidently  deducing  their  title ,to  iSltctt  r$ght» 

'.U  .      ...    ■  StXtA 


«c 


«c 


ct 


<( 


■:    /  (    '3    ) 

from  the  relation  they  bore,  as  members  of  the 
mother  (late.  Conicious  that  they  could  not  de- 
duce them  from  any  other  fourcc  but  the  Englifh 
government,  as  they  no  where  elfe  exift,'*they 
claim  them  under  tk  title  and  authority.  But 
can  tl^  wifeft  among  them  inform  us,  by  what 
law,  or  upoi  what  principle,  they  claim  rights 
under  the  Britflh  government,  and  ytt  deny  the 

i  obligation  of  thole  duties  which  fubjcf^s  of  that 

'government  owe  to  it  ?  The  rights  and  duties  of 

the  members  of  all  focieties  are  reciprocal.  The 

one  is  the  continuing  confideration  for  the  other. 

Either  of  them  being  deftroycd,  without  the  con- 

"  fcnt  of  the  fubjefts  to  which  both  of  them  ad- 
here, the  other  ceafes.     Therefore,  Ihould  aftatc 

.  arbitrarily  deprive  its  membersof  their  juftrights, 
and  refufe  to  reftore  rhem,  after  it  has  been  re- 
peatedly, and  refpedbfully  required  fp  to  do,  then 
their  duties  and  obedience  to  the  ftate  ceafe,  but 
riot  before :  It  being  the  defign  of  every  fbciety, 
when  formed,,  that  its  cxiftence  fhould  be  per- 
manent, not  of  a  temporary  duration.  ■ 
Here  we  may  perceive  fome  of  thofe  many  in- 
confifbncies  and  abfurdities  in  which  the  ad- 
vocates of  America  have  weakly  involved  her 
caiife.  We  fee  them  calling  the  fubjedts  in 
America,  *'  fubjeds  of  his  Majefty^'*  in  his  poli- 
tical capacity,  and  as  reprefentative  of  the  Britifti 
ftate,  bound  in  duty  to  execute  its  laws,  in  every 
pur/oi  its  dominions;  and  in  the  fame  breath  de- 
nying obedience  to  thofe  laws.  We  fee  them 
claiming  "  all  the  inherent  rights  and  liberties 
**"  of  natural  born  fubjedls"  of  the  ftate,  and  de- 
nying the  force  of  thofe  duties,  which  are  fo  in- 
feparably  united  with  thofe  "  rights  .and  liber- 

«  tics." 


%s- 


i  I 


i'i 


« 


n 


m 


(    u    ) 


«; 


•1 


tics.^     We  heir  them  declare  that  they  have 
not  *'  forfeited,  furrendcrcd,  or  loft"  the  rights 
"  they  enjoyed  at  the  time  of  their  cmicration;*' 
and  yet  they  will  not   comply  "with  the  duties 
upon  the  performance  of  which  ihofe    rights 
depend.     Thus    it  fecms   the  American   lub- 
jedts  have  neither  "  forfeited,  furrendercd,  nor 
loft,"  but  ftill  retain  the  rights  they  derive  from 
the  government  of  Great-Britain ;  but  the  go- 
vernment has  either  forfeited,  furrendercd;  or 
loft  its  rights  over  Them.  Indeed  they  have  not 
toid  us  how^  or  by  what  means,  this  forfeiture, 
furrender,  or  lofs  of  rights  in  the  Britifh  f^ate,  has 
happened :  This,  I  beLkrve,  was  a  ta£k  impolH- 
ble;  and  therefore  carefully  avoided.     But  what 
(hall  we  think  of  the  fagacity  and  forefight  of 
thefe  able  politicians,  when  we  find  that  the  right 
claino^d  by  parliament,  and  which  they   deny, 
may  be  eftabliihed  with  equal  reafon  and  ibli^ 
dity,    upon  the  fame  principles  and  dedudions, 
on  which  they  have  rtftcd  the  claims  of  Ame- 
rica ?  May  not  the  advocates  for  the  parliamen- 
ury  authority  aflert,    "  That  at  the  time  of  the 
**  emigrarioB  of  our  anccftors,'*  the  legiflative 
power  had  a  conftitutional  authority  over  thcrn^ 
and  every  other  member  of  the  ftatcj.  that  by 
fuch  emigration,  which  was  an  a<5b  of  their  own, 
as  well  as  of  the  ftate,  it  neither  '*  forfeited,  fur- 
•*  rendered,  nor  loft"  that  authority  ?  And  would 
not  fuch  a  declaration  be  in  reafon,  truth,  and  on 
the  principles  of  the  Englilh  conftitution,  as  well 
founded,  as  that  upon  which  the  defenders  of 
American  rights  have  endeavoured  to  eftabliih 
them  B 

But  it  mauf  be  faid  that  America  is  fettled  by 

others 


(     ^5    ) 

others,  befidcs  Britiih  fubjcdts.  Are  They  ali<» 
members  of  the  (late,  and  fubjedl  to  its  autho- 
rity ?  They  moft  certainly  are,  Th'  y  have  by 
their  own  ad  become  fubjefls,  and  owe  obe- 
dience to  its  laws,  as  fully  as  any  other  members, 
as  I  have  before  ihcwn.  But  to  confirm  what  I 
hare  already  advanced  upon  this  head,  I  fhall 
ad4  the  opmion  of  Mr.  Lacke^  becaufe  it  has 
been  often  heretofore  relied  on  by  the  American 
advocates,  as  worthy  of  credit.  His  words  are, 
— "  Whoever  by  inheritance^  punbafey  permiJpoM^ 
**  or'otherwifty  enjoys  air^  part  of  the  land  annex- 
*'  ed  to,  and  under  the  government  of  a  com- 
*''monivealth>  muft  take  it  with  the  condition 
**  it  is  under,  that  is  of  fubmitting  to  the  go^ 
*'  vcfrninent  of  the  common  wealth,  under  whofe 
*'  jurifdidion  it  is,  as/^r  as  'Onj  fuhjeStofit**  If 
the  preceding  principles  and  arguments  be  well 
founded,  as  they  appear  to  be,  from  the  ufage, 
practice  and  policy  of  all  focieties  •,  it  follows, 
that  whatever  Britiih  fubjeft,  or  foreigner,  has, 
cither  under  the  fan(5lion  of  the  American  char- 
ters, or  othorwifc,  become  an  occupant  of  the 
Englifh  territories  in  the  colonies,  he  is  truly  a 
member  of  the  Britiih  ftate,  and  fubje^  to  the 
laws  of  its  fupreme  authority. 

I  have  thus  far  drawn  my  arguments  chiefly 
from  the  policy  of  government  in  general,  and 
of  the  Englilh  conftitution  in  particular ;  and,  I 
hope,  with  fufficient  evidence,  to  prove  the  jqft- 
nels  and  truth  pf  them  :  But  as  I  mean  fulfy  to 
inveftigate,  with  the  ftrifl^eft  candour,  the  rights 
of  both  the  parties,  and  place  them  in  their  true 
light  J  it  is  of  importance  to  confider  whether 
'their  condudt,  for  upwards  of  ^  (;;eptury,  affords 


■^^1 


1*1 


i 


»rirl 


?!7GC 


1~ 


\i^  -- 


t    I 


m  \ 


(    i6    ) 

evidence  of  a  denial,  or  confirmation  of  the  prin- 
ciples I  have  maintained.  And  here  we  mall 
find,  that  the  prerogatives  of  this  I'upreme  re- 
prefentttive  of  the  Itatc,  ever  fince  the  firlt  fet- 
tlement  of  the  colonies,  have  been  uniformly  ex- 
ercifed,  and  fubmitted  to,  in  all  the  colofiies.  All 
their  political  Executive  powers  have  been  de- 
rived from,  and  all  their  governments  eftabliihed 
by,  it.  It  is  in  this  rcprtfentat^vc  capacity  that 
the  King  has  granted  all  the  chai  ts,  appointed 
the  governors,  cuftom-houlc  officers,  &:c.  and 
granted  autnoricy  to  the  governors  to  commiflio- 
nate  the  inferior  officers  of  juftice,  as  well  judi- 
cial  as  minifterial.  From  this  fource  only  all 
his  legal  powers,  in  rei'pcft  to  the  colonies,  can 
be  drawn ;  there  being  nu  other  capacity  veiled 
in  him,  from  whence  he  couhd  derive  them.  So 
that  every  officer  in  America,  appointed  by  him, 
©r  under  his  authority,  is  truly  the  mfcrior  and 
fubordinate  delegate  of  the  King,  Lords  and 
Commons ;  receiving  his  authoritv  from  the  fu- 
preme  executive  reprefentativc  of  the  Britifh 
ft  ate ;  all  their  powers  being  originally  derived 
from,  and  limited  by,  its  conftitution  and  laws. 

Upon  the  fame  principle,  the  fupreme  Icgifla- 
tnre,nas,  upon  many  occafions,  and  at  a  variety 
of  times,  htld  forth  and  exercifed  its  authority 
over  the  colonies  •,  and  they  have  yielded  obe- 
dience to  all  the  Britilh  fbatutes,  in  which  they 
have  been  named  ;  as  well  thofe  impodng  taxes 
on  them,  as  thofe  for  regulating  their  internal 
police.  The  learned  judges  in  England,  and 
the  judges  and  other  officers  concerned  in  the 
adminiilration  of  juftice  in  America,  in  confor- 
mity to  this  idea,  of  their  being  the  inferior  de- 

legates 


r 


■ 


/        \ 

\ 


J- 


■n 


•  \ 


(  I^  ) 

l(*gatcs  of  the  Brilifh  date,  and  of  its  authorit^r 
over  the  colonics,  have  ever  made  thofe  laws  of 
parliament,  where  by  words  they  have  been  ex- 
tended to  them,  the  teft  of  their  dccifions,  in 
all  American  difputes,  without  doubt  or  hefi- 
tation,  until  the  year  1765,  when  oXir  unhappy 
controverfy  commenced. 

All  the  officers  of  government,  every  member 
dfaflcmbly,  every  foreigner  before  his  natura- 
lization,, had  always  taken  the  oaths  of  allegiance, 
under  the  diredions  of  the  ftatutes,  -chat  have 
been  made  tor  that  purpofe.  The  words  of  the 
oath  are  the  fame  with  that  adminiftred  to  the 
fubje^t  in  Britain,  on  the  like  occ^afions  v  and  con- 
fcquently  muft  be  of  the  fame  import,  and  carry 
with  them  the  fame  obligatibns  in  every  refpcd:. 
Both  in  Britain  anrd  America  the  oaths  are  taken 
to  the  King,  not  in  his  private,  but  politic  ca- 
pacity $  they  are  taken  to  him  as  reprefentati^e 
of  the  whole  ftate,  whofc  duty  it  is  co  fdperin- 
tend  the  adminiftration  of  juftice,  and  to  fee  that 
a  faithful  obedience  is  paid  to  the  laWs.  Thefe 
oaths  are  no  ntore  than  rencwab  of  the  original 
covenant,  upon  which  all  governments  are  form- 
ed  :  For  in  tht  conftitution  of  all  focieties  two 
covenants  are  eflential  j  one  on  the  part  of  the 
ftate,  thut  it  will  ever  confult  and  promote  the 
public  good  and  fafcty  -,  and  the  other  on  the 
^art  of  the  fubjed,  thftt  he  will  bear  fidelity  and 
true  allegiance  to  thtfovereign^crfupreme  authori' 
ty.  "  This  laft  covenant,*'  fays  the  jtidicious  Bur- 
liamaqui,  "  includes  a  fobmiffionof  the  ftret^ib 
*'  and  will  of  each  Mividual  to  thte  wiU  and 
"  bead  of  the  fociety,  as  far  as  thje  public  good 
'*  req^ures  ^  and  thus  it  is  that  a  regular  fiate^ 
.     .  c  **  and 


11 


i< 


\l 


•■-><...  J  a  VJ7!9B9mn 


r 


(     »8     ) 

"  ?in(\  pei'fe£i  government  is  formed."  And  the 
words  of  Mr.  Locke  are  equally  appofitc,  *•  The 
"  oaths  of  allegiance  arc  taken  to  the  King,  it  is 
*♦  not  to  him  as  fupremc  Icgiflator,  but  as  Ju^ 
*'  prem'e  executor  of  the  law,  made  by  a  joint 
••  power  of /&/«  and  others-,  ailegiance  being  no- 
"  thing  but  obedience  according  to  law,  which, 
'•  when  he  violates,  he  has  no  right  to  ohedience, 
**  nor  can  claim  it  otherwifc  than  in  hj^  public 
"  per/on,  veiled  with  the  power  of  the  Uevb^^  Aad 
in  another  place  he  fays,  "  That  all  obedience 
**  which  by  the  mod  folemn  ties  any  one  can  be 
"  obliged  to  pay,  ultimately  terminates  in  thefu- 
*'  preme  power  of  the  legijkture,  and  is  directed 
*•  by  thofc  laws  which  it  enafts."  This  being 
th^  nature  of  the  oath  of  allegiance,  and  of  the 
^obligations  it  enforces,  no  man  of  any  under- 
ftanding  will  call  for  further  proof.  That  all  the 
officers  of  government  in  America,  who  have 
t^kcn  thefe  oaths,  and  thofc  who  have  fubmittcd 
t^  their  adminiftration,  while  they  were  execut- 
ing the  Britiffi  ftatwces,  confidered  themfp^ve?  as 
Aibjefts  of  the  ftatCj  owing  obedience  to  its  Ic- 
giflative  authority. 

'  In  every  government,  protection  and  alle-. 
gianCe,  or  obedienccyarc  reciprocal  duties.  They 
are  fo  infeparably  united  that  one  cannot  cxilt 
without  the  other*  Protedion  from  the  ftate 
demands,  and  entitles  it  to  receive,  obedience  and 
fubmiflion  to  its  laws  from  thcfubjcCl::  And 
obedience  to  the  will  of  the  ftate,  communicated 
in  its  laws,  entitles  the  fubjed  to  its  protedtion. 
A  jiift  fenfeof  this  truth  has  governed  the  con- 
duct of  the  ftate  towards  the  colonies,  and  that 
<)f  the  colonies  towards  the  ftate,  tvcrfmcc  their 

fcttlcrticnt. 


>     I 


\ 


«■■■ 


/     » 


V 


^ 


\  ■  > 

f    I    I 


.         (      iq      ) 

i<?ttlement.  The  colonifts  have  not  only  fettled 
upon  the  lands  of  the  ftatc,  under  its  licence  and 
authority,  granted  by  its  rcprcfentative  j  but 
they  have  been  foftered,  nouriihed  and  fheltcred 
under  its  wing5,  and  protefted  by  its  wealth  and 
power.  And  as  they  have  ever  yielded  obedience 
to  its  laws,  they  have,  whenever  in  danger,  called 
for  its'procedion;  and  n  the  laft  war  wercfaved 
from  all  the  mifery  and  flavcry,  which  popifh 
fupcrftition  and\  tyranny  could  inflid,  when  their 
inability  to  fave  thcmfelves  was  univ.erfally  known 
and  acknowledged. 

Seeing  then  that  the  colonies  have,  ever  fincc 
their  exiftencc,  confidered  thcmfelves,  and  aftcd 
as  perfedt  members  of  the  Britifh  ttate,  obedient 
to  its  laws,  untill  the  year  1765  :  There  muft, 
one  would  imagine,  be  fomething  lately  dis- 
covered, which  has  convinced  them  of  their  mif- 
take,  and  that  they  have  a  right  to  call  off  their 
allegiance  to  the  Britilh  government.  Wc  can 
look  for  this  in  no  place  lb  properly,  as  in  the 
Jate declaration  of  American  rights.  Here  we  find 
theyyar*  drawn  from    "  the  imntutable  laws  oi 

nature,  the  prii^iples  of  the  Englifh  confli- 

tution,  and  their  fevcral   charters,  or   com*. 

pa6ts.**  Should  we  fail  in  difcovcring  it  here, 
we  may  fafely  determine  it  is  not  any  where  to 
be  found.  We  ihall  not  find  it  in  "  the  laws  of 
"  nature^"  the  principles  upon  wliich  thafe.laws 
are  founded,  are  reafon  and  immutable  jufticc, 
which  reqiiire  a  rigid  performance  of  every  law- 
ful contradt ;— to  fuppofe  therefore,  that  a  riglw: 
can  thence  be  derived  to  violate  die  moft  fo- 
lemn  and  facred  of  all  covenants ;  thole  upon 
which  the  exiftence  of  focietiss,  and  the  wcl- 

c  2.  fare 


«( 


(( 


C( 


w 


I 


f, 


i 


(     ao     ) 

fare  of  millions  depend;  is,  in*thc  highcft degree, 
•bfurd.  And,  I  believe,  we  fliall  Ix!  equally 
iinfuccefsful  in  fearching  for  it  m  the  principles  of 

he  Englifh  conftitution  \  bccaiife  that  conditM- 
tion  is  formed  to  bind  all  the  membe  ..  of  the 
ftate  together,  and  to  compel  an  obedience  to  its 
laws. —  V/e  muft  therefore  find  it  in  the  Ameri- 
can charters  or  compass,  or  no  where.  And 
after  we  have  looked  thire,  we  can  difcover  no 
exemption,  or  difcharge  from  the  authority  of 
parliament  in  any  of  them,  fave  one,  and  there 
It  is  only  partial  *,  while  other  parts  of  the  fame 
chs|rter  declare  the  contrary,  nnd  exprefsly  retain 
the  fubmiifion  of  the  fubjcd  to  the  Britiin  laws. 
But  fuppofe  there  had  been  fuch  an  exemption 
in  all  of  them,  as  clear  as  words  could  cxprefs  it, 
it  is  a  quellipn  which  demands  a  folution,  whe- 
ther the  King  had  a  right,  by  the  cqnftitution; 
to  grant  it. 

The  original  intent  of  the  prerogative,  under 
which  the  inhabitants  of  particular  diitri(5ts  of 
territory  have  been  incorli(porated  into  bodies 
politic,  was  to  enable  the  reprcfentative  of  the 
ftate,  to  forni  inferior  communities,  with  muni- 
cipal rights  and  privileges.  This  was  neceijary 
to  enable  the  executive  power  to  carry  into  exe>- 
cution  th<j  operations  of  g;overnment  with  regu- 
larity and  brder.  And  m  foipc  inltances  it  has 
been  beneficial  in  promoting  the  trade,  arts,  and 
particular  purfuits  inbufinefsof  fuchdiftri^s.— r 
This  prerogative  is  very  antient,  anc}  well  de- 
fined by  ufage  and  pcefcription.  London  held 
pieculiar  privileges  long  before  the  conqueft. 
^V'illiam  the  conqueror  granted  to  that  city  tWo 
charters  fooa  after.  A  great  number  of  inferior 
^   "^  .     *  focietieg 


*  • 


•■■# 


•  ll  V 


\ 


(   21    ) 

rociecics  have  been  fincc  incorporated,  by  fuc- 
cccding  Kings,  upon  thclc  principles;  all  ot  them 
under  the  great  lc:il,  and  oy  the  fame  authority 
under  which  the  American  charters  were  grant- 
ed. Having  (b  many  precedents  before  us,  wc 
cannot  be  at  a  lofs  to  afcertain  the  extent  of  this 
prerogative.  The  exercifc  of  it  for  fo  miny  cen- 
tarics  will  give  fatisfadion  to  every  candid  en- 
quirer. Making  this  the  teft  of  dccifion,  wc»- 
riiall  find  that  no  King  has  ever  prtfumed  to 
grant  more  than  merely  municipal  powers  and 
privileges,  always  leaving  the  fubje^s  and  the 
territory  incorporated,  under  the  fupremc  legif- 
latiyc  authority.  There  being  no  traces  of  a  tar-  < 
thcr  e^ftentof  this  prerogative,  in  the  conduct:  of 
all  the  Britifh  Kings  •,  the  •  ondufion  is,  that  no 
fuch  power  docs,  or  ever  did  exift.  Btfides,  this 
prerogative,  like  all  others,  is  veiled  in  the  King, 
in  trufl,  to  promote,  not  to  injure,  the  public 
good.  And  therefore,  to  alicrt  that  he  may,  un- 
der it,  difcharge  thclc  incorporated  ibcicties 
from  their  obedience  to  the  fupreme  power,  is  to 
contend  that,  by  virtue  of  the  power  which  he 
holds  in  truil  to  ftrengthcn,  he  may  wcaken,ir— - 
and  inilead  of  maintaining  and  defending,  he  maf 
deftroy,  the  comiTion  weakh  -,  which  involves 
the  mod  palpable  contradidiion. 

Sufficient  has  been  faid  to  convince  us,  th.?t 
the  Kings  of  England  can  have  no  authority  to 
difcharge  inferior  bodies  politic,  from  parliamen- 
tary authority.  But  as  upon  a  fatisfadory  de- 
cifion  of  the  queftion,  the  claim  of  independency 
muft  (land  or  fall,  I  Ihall  farther  corroborate 
what  I  have  faid,  with  the  mod  refpeftablc  au- 
)thoritics.      The    learned   Pufcndorf    tells  us, 

«  With 


I 


,N 


\ 


^c  t 


«.  i. 


;m 


u 


Mn^ 


(       22       ) 


t 


I 


11   . 


I 

With  regard  to  all  lawftdhdm^  it  is  to  be  ch- 
It^rved,  that  whatever  right  they  poflefs,  or 
whatever  power  they  hold  over  their  members, 
is  all  under  the  deternmatlon  of  tht  fuprime  au- 
thority^ which  it  ought  on  no  account  ta  opfofcy, 
or  over  baJlance.  For  otherv/ays,  if  there  could 
be  a  body  of  men,  not  fubjelil  to  the  regula- 
tion ^of  the  civil govcrmnenty  there  would  be  a 
Jiate  wit'hin  ajiate. — If  we  look  on  thcfc  bo- 
dies, or  fyftems,  in  a  ftatt  already  fettled,  we 
are  then  to  confiajrwhat  was  the  intc7ii  of  the 
fupreme  Governor^  in  founding,  or  confirming, 
iuch  a  company.  For  if  he  hath  given,  or 
adccrtained  to  them,  in  exprefs  words,  an  ah-- 
folute  and  irMpertdcnt  rights  with  rep^ard  to 
fome  particular  affairs  which  concern  the  pub- 
lic}: admimJlration\  then  he  hath />/<?r>.5)'  abdi- 
cated part  tf  his  authority^  and  by  admitting 
i-ji'o  heads  in  the  conllitution,  hath  r<rridered  it 
irregukr  and  monjlrous.*^  Mr.  ""^iOcke  fays^ 
That  the  legiflative  authority  mufi  needs  be  Ju- 
preme-,  and  ell  other  powers,  ip  any  members, 
or  parts  of  fociety,  derived  from,  andfubordi- 
nate  to  it."  And  fpeaking  of  the  King's  ex- 
ceeding his  public  trutt,  he  affirms,  "  That  when 
*'  he  quits  his  reprcfentative  capacity,  his  public 
*'  will,  and  ads  hf  his  own  private  will,-  he  de- 
*'  grades  hiin^^^lf,  and  is  but  a  ftngle,  private  per- 
fin,  without  power,  without  will,  that  has  any 
right  to  obedience"  And  the  iame  author  would 
hot  fcruple  to  declare,  upon  the  principles  he 
cftablifhes  in  the  latter  part  of  his  treatifc  :  That 
a  King  who  fhould  have  granted,  in  the  Ameri- 
can charters,  a  licence  to  the  fubje6bs  of  the  (late 
to  emigrate,  with  a  difcharge  from  their  obedience 

tO' 


<e 

4; 

« 

t( 
«< 
C( 
(C 

cc 
u 
<.( 

6( 

U 
(e 

ft 


cc 


<( 


"^  *■    ■  r  «• 


■ik^ 


!■' 


(    23    )    ^ 

to  the  legiflativc  authtority,  and  lliould  open  fuch 
a  door  to  a  defertidn  of  the  principal  territory,  and 
dillblution  of  its  government,  would  thereby 
forfeit  his  crown  ♦,  and  to  prevent  the  mifchief 
of  fuch  grant,  the  people  might  refume  their  ori- 
ginal authority,  if  the  mifchief  could  not  otner- 
wife  be  prevented. 

I  have  faid  before,  wlienever  a  (late  t^fufes^  to 
give  protection  to  its  fubjedls,  and  maintain  their 
rights,  their  duty  ccafes.  It  may  with  equal 
truth  be  affirmed,  that  whenever  fubjc^^s  fliall 
refufe  to  perform  thofe  duties,  aad  yield  that 
obedience  whic|i  they  are  bound  to  perform  and 
yield  by  the  conftitution,  or  original  compadl  of 
ibciety,  they  forfeit  not  only  their  right  to  the 
protediorv  of  the  (late,  but  every  other  right  or. 
claim  under  it  •,  and  the  government  may  cither 
punifh  them  agreeably  to  its  laws,  or  ceafe  its 
protedioi*  over  them,  and  annul  the  rights  and 
privileges  they  derive  from  it.  There  is  no 
crwth  more  evident  than  that  where  a  mutual  co- 
venant fublifts,  irvcluding  a  ^ronfideration  per- 
;pctually  to  be  performed  on  both  fides,  upon 
which  the  validity  of  the  covenant  refts,  if  either 
party  refufe  the  performance  on  his  parr,  the 
other  is  difcharged  of  courfe,  and  the  party  rc- 
fufmg  lofes  his  right  and  claim  to  the  perform- 
ance o^  the  other.  If  this  afifertion  be  juft,  and 
that  it  is  we  uwll  find,  whether  we  3j)ply  to  the 
laws  of  nature,  or  civil  focicties, — into  what  a  , 
HitgrV^^prcdicamenc  are  the  Americans  thrown  ^'^^^^i^ 
bv  a  denial  ot  obedience  to  the  authority  of  par- 
liament, which  Is  one  of  the  mofteflential  duties ! 
That  tliey  ha»'?  not,  as  the  congrefs  affirms,  for- 
feited, furrenUered,  or  loll  their  rights,  by  their 

emigration. 


\. 


\    — * 


c^^t^ 


I 


■in 


r 


! 
\ 


# 


(       24       ) 

cfnigration,  is  true. — ^But  that  this  wife  bocJy  or 
men  have  ufed  their  bcft  endeavours,  and  ^ur- 
fued  the  moft  clFecStual  mclfures  to  forfeit  them, 
is  equally  true.  Let  u!s  fuppofe  that  the  late  con- 
grefs  had  been  a  regular  and  legal  representative 
of  all  America,  veftcd  with  authority,  by  the 
con^nt  of  the  colonifts,  to  deny  and  withdraw 
their  obedience  to  the  laws  of  trie  Britifh  ft  ate, 
as  th^y  have  endeavoured  to  doj  would  uot 
Great-Britain  be  juftifiable  in  declaring,  by 
an  a6l  of  ftate,  that  ail  the  rights  and  privileges-V 
which  the  colonics  derive  under  her,  are  tor- 
fcitcd  ?  Shall  the  Americans  have  a  right  to' 
withdraw  from  the  ftate  the  performance  of  theiif 
duties,  and  the  ftate  be  bound  to  continue  them'm 
the  ehjoyhient  of  all  their  rights  ?  Every  prfh- 
ciple  of  government  and  commoh  fenfe  denies  it. 

Thus,  in  whatever  Kght  We  view  the  fubjed  ^ 
whether  we  restfon  from  the  priiiciples  and  policy 
tipon  which  all  governments  ate  eftabliftied,  or 
thofe  of  tlie  Eiiglilh  conftittJtioh  in  particular  ;■ — 
the  right  of  property  in  the  ttrnioty^ — the  autho- 
rity under  which'the  colonifts  b^vc  been  fettled, 
— theperfbns  by  whom  fettled,— their  rights  un- 
der the  feverai  charters  and  compads, — their  con- 
du6b  ever  lince  their  fettlemcnt,  down  to  the  year' 
1765, — or  from  the  cohduft  of  tlic  ftate  down^ 
to  this  day  ;  we  find  that  they  are  members  of 
the  Britilh  ftate,  and  owe  obedience  to  its  legif- 
latlve  auHioricy 

That  America  has  been  wandering  in  a  wrong 
path,  bewildered  amnjig  the  erroneous  principles* 
upon  which  her  advocates  have  attempted  in 
vain  to  fupport  her  rights,  is  appareu"  from  all" 
her  Gondud  J  fhe  began  ,by  denying  the  autho^ 

rity 


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iky  df  ^artiament,  to  lay  ii^tcrnal  taxsesi-^tfat 
binding  that  grbtind  not  tenable,  ihe  next  de- 
"nied  its  po>^er  td  l^y'«ither  internal  or  external 
tiip%^  And  a^. length  has  de<^lared,  that  it  can 
neither  l^y^  ittMft^niil  nor  cJctcrhd  taxes,  nor  regu- 
late the  ihtifial  police  of  ^e  <6lonies.  And  yet 
iitih.  hks  been  tfie  intipHcit  (K^fidenc^-^fuch  the 
ihfatuaibk;<if  iht  unthiitJcr^^  deluded  peo^ 
pile,  thjft  thtf  liavt  believed  at  the  time,  that  all 
-thoft  |)rindplesyere  fo  ihahy  folid  pillar^—- and 
4bpports  or  their  rights,  zndirutbs  as  /acri4  as 
thole  in  ffdfy  Mt,  ^  ^ 

it  would  i^ot  ^bc  unreafona1>le't6  tliinlc,  that 

^he  arguments  before  oiftrcd,  to  ex^ofe  the  prc- 

Hent  unhaWi)]^  mcifdres  bf*  tfic  cofomcs,  would  be 

ifafficicnt  for  that  purptife;    But  !$Qyfever  that 

may  be,  iis  1  am  convinced  they  leajdipihc  ruin 

of  my  toQnu'y,  1  thiii|^  it  my  duty  to  t^He  a 

rnorc  parritdlar  view  of  them.'  The  clairps  made 

h^  the  laft  cohgrcfs,  and  upon  whlch^  it  lodns, 

.  «H  America  now  refts,  are,  "  That  %h<^  colonies  /^     ,    , 

■**  are  entitled  to  ajree  andext^Uve  righ^^  firfew^  7w  '^^^ 

^'  tr  of'ie^tjfdtioftff^\ittc  thqi*  ^^riaht  of  re^  4^iaa-.^ 

"•*  ration  can  alone  be 'pre|crW3^  /» ^fT  '^es  (^ Ji^^.tv^cui 

**'  tascath/n  and  intmial fotfiyy^eJS  onfy  t$tbe  ^'  &i/^Uu.  - 

^*  gaiiin  of  their  SovereipSy  Injkcb  manner  as  tss  ^T^        "^ 

•♦  $een  kerefifon  ujed  and  amfiomdT    Naiiptirdi 

tatt  ronve^  a  more  perfeA  claim  <Jf  hidejifniaen- 

ey,  on  the  Britifc  kglflaturei,  'than  thof^  |  have 

juft  trartfcribcd.    Becaufe  theipe  is  no  afit  within 

the  power  of  any  legiflaturc  to  pais,  binding  on 

any  member  of  the  ftatc,  but  f^liat  rffa04  i^  either 

theregulatbn  or  execution  of  it  afFea  the  in- 

twrij^l  police.    States  miy  make  la^Vs  for  thegfiU 

vtarhment  of  tbcir  fubjedls,  whik  in  foreigh  court*- 

«  «ries« 


II 


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taja  canjhaye  np„i-)iore  «gth9);ity jbyM  i^fg^^tpan 
tUlf^AtilMierS.  of  "Paris  tiand,thV)C<wpmM  jirc  «» , 

m)  fight  to  makers ws  for  ii?,,,  qojr , , pycn .  to.  rcr. , 
peal  an  act  of  aflemDly,,of  the  pplomcs-  howcvcCj 


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inconCfte.Dt  yr^th  iljs  nghi5,,,  T^e.,ppwc^,,ftf4F* 
peat,  b^ingj^Vcomele^;  fe^ip^^^^  a^t^ffe  can 
dv2LVf  it^  fjoa^  np  Qtaef  Jminii^iny Jbutif ftp?  h}^  re- 

.andj  ijpcHi  no  groui^d  .of  .reafptp  9f,p^i^cjar,  can 
.^n  .9pnre,-tofir}9f^  ppwer,|^  .^ciJiVC*^.  %.W»  aJ^Y 

dekg^tes.pf,  Nocth;.Acaaric^yi^l?L^iyi,  wH^q  e;:^- 
arriio^'d^  Vpi^^aps.  |:p^he;,tl|^tr  o^.  abfolut^f.^fi^c- 
peri^encc ,,  jpn    the  xiiothef  ftatf.    But  ^  coAfcip.VS   ' 
tK<t  ^fclfe^^it,  wfccKfei  fogi]e^t,a';tcn4fnf  j;^qa 
' for f(^iture. ^r hpf  jrjglvb,. and  ,(0  dcft^u^ivjc  j^p  her 
'fafety  .^aud  .|iappiae%ycpulji;q9t  ,.J^      witjii;  tjie 
aJ5prQ"Bipon  kij4  Kipppft  <rf..t|if  co^ow^ J»?.#- 
lieriij,  unlcfty^ in  Tome   mcali^  ,4iiguiie4^  ,|hf y 
Haye  chd^avjQurciitP  throw,  a  veil  over  it^.ty-gta- 
cioiijly  co,nccdeing  to  thcniotfiefrilatc,  a  wh,iip' 
Jjcal  autRoraty,'  ,\if^Jcfs  and  jgip'ra^icabl^^^^ 
natu re.     '^ ' his  •  is   a , /ftalc   cf^vicc,.,  cpmtpQi)i;  ^to 

vyro.ng- headed  ppjiticia^Si, , W^P.  Ik^f I  ^<^!k  H^^^^ 

l^hd^trli^.tafypj^^^ 

1§^  £06  thin»    The  hQ^b^age  is  i]ot  lvr|icicm^  ta^^ 

;t6:coneeat the  myer^si  in^  ^jr^' ^f  ^pf 

the  candid  and  fenfipk  .i^n.qujfer*    l^«t; -^•^'Jis 

.?  j?^4  ft^^^^^i^?  ^^^^  ;Wtual,  jnter^fk  j^f  bftlh 
1^  countries,;' .  npt  (vom  .^t^j jo^Uufi^i^  p^ht, 
Ipr  this  they  !p4ve  4enic4  J^i  f^hc$.^Cfef4ing*f>^t 
pf  th^.  rcrolye,  .19  ,  a>V  c^ftpsf  .^hatfpi^yer,  /^'i  wc 
*f  jc;bnfef|t ;'J  iutto^what ^qthey.cipnlcut ?^(^^ to 
.  **^  %  91^? W5  o^^^^  npt  tOvthfq  r^t  of  .itiak- 
Wfr  *v/H^.f  3^^(<rf  thc;Britj0>;?|iPJiag^i)t  li  \ig%!' 
!^of  jTucK  as  mall  be  hereafter,  for  they  are,  no 

D2  doubtj 


4?.^ 


It 


(  2t  y 

d'Oiibt,  CO  receive  the  fandion,  of  this  wife  anck 
learn^ed  body,  before  they  arc  valid,  ''  bona  Bde- 
^  retrained,  cb  the  rtgulation  of  <^our  cxter- 
"  rial  coimnerce,,  for  tht  ^\jt^o(^  6f  ficuring  the- 
*'  commmcreiaL  advantuef  of  ititwbole^  (i.  e. 
**  cf  our  commie)  to  tnc  moiker  camfijy  andi 
*'-  llie  commcfc^ial  benefits  of  its  rijpiSliiO0'  mem- 
*•  htri^*"  Here  \i  niore  art  and  fincflc,  than  aa 
honeft  mind  would  wifk  to,  find  ih  the  eoQduft 
of  any  men,^  much  kfs  in  thofe  of  chira^r.  le 
Is  cafy  to  perdeiTe  from  the  import  of  thefc 
words,  that  ihould  the  BHtilh  parfiament  be. 
obliged  to  aecept  of  their  conc^onsy  thcyVoncede; 
nothing;  Th^  hive  taken  efpeciai  care,  that 
what  they  have  confcnted  to  in  one  bircath^ 
fhould  be'bkfbed  by  the  iicxft..  For  there  is  no 
law  of  trade,  that  I  know  of,  nor  can  fuch  a. 
la^  be  formed^  as  fliall  y^rwr^  //^commercial  ad- 
vantages #/"»// /jfe?  external  j^merican  commerce  to, 
th^  mother  country,  which  i^  a  part  of  the  realm 
diftjn^  fronfr  the  cplohies,  and  yet  '*  fccure  t^^ 
**  the  ^tlortiw,'*'  »  members,  thpir,  commercial^ 
lien^e.  f^  would  not  have  been  any  great  de* 
i^ation  from  the  public  duty  of  thcfc  genticnrien^ 
^ad  they  dei^  kfs  inmyfteries,  and  explaifted^ 
^^htr  kiw&  they  were,  which  anfwcred  thofc  ex- 
l^lkint  purpofirs.  Surely  they  could  not  meai> 
thdi^'ftstotes^  wl^h  enumerate  America^  com,- 
iitekikibti  and^  compel' us  tio  land  them  in  BrV 
tairf^  before  they  can  be  exported  to  foreign  mar;- 
ieti^V  nor  thoft;  which  oblige  us  to  p^rchafe  th<^i>. 
AiioiullAures,  and  forbid  us  to  g^  thei;(i  fro(^ 
^thcf  countries. — Thefe  are  fo  fkr  trom  **  fetijf* 
^  k^g^  rhtA  they  greatly  dimtnifii  the  copnmer- 
^^^fl^^  th^Gok^ic;s  5i  a»^^  I  knaw  of  ^o^ 


m 


ppo"" 


. 


9ckfr  ^ha!t  •*  fecuw"  the  advmtagct  af  «h» 
^orximcrcc,  "  to  the  mother  country." — ^But  fup- 
ipofe  there  >re  fuch  lawi^  who  arc  to  point  them 
out  in  :he  yoUim^s  o£  th«  ftatmes  I  Whqi  I'  '^ 
try  whether  a.Ww  anfwers  this^dcfcriptian  I  h  the 
V^kiflature  of  Great- Britain  to  4o  this  I  No. 
Who  tl«n?— Why,,  the  affcmblici.— But  the 
allemblies  are  di&nited>  and  may  diffei:  as  they 
Eiffi«^e4onc,  even  in  matters  which  concerned  their 
efljentiajl  ii^fcty^  fnd  fhcre  is.  no  coniXitutional 
union,  df ^lai;ing  the  Yoiees  ofa^majerity,  bind* 
ing  on  tlL— -Why  thcn^fijoce  it  can  be.  no  other- 
Ways,  the  point  muil.  be  decerinined  by  an  ille- 
gal, motley  congrtlA^  ^me  {t%  q£  them  to  be. 
appointed  by  th^  ^i&mbiies^  if  the^s  can  be  fo 
Ipft  to,  their  own,,  and  the  t;rue  intereft  of  their 
<fOnflitupits,,  as  ever  to  appoint  another;^  and  the 
left  l^  a  ijwcntieth  part  gi  the  people^  the  moft 
ignorant  and  violent  (o  be  found  an;t0Rg  thcip. 
A  blefTed  American  Goaftitution  {; 

But  (hould  there  be  any  fujch  lai^  as  the  con- 
ir^fs  have  dercribed»,it  feemt,^  they  are  to  be  ftill 
further  limited,  and  ta  ^^eicchidc  eyei?^  idea  of 
"  internal  and  external  t^ation,  fox  railing  a> 
"  revenue  in  America/*^  All  thi  lai^s  pf  trade, 
from  whence  the  kaft  aidl  arife^tOithe  crown  for 
the  protedkionof  its  dominions,  are  imralid,  J6t 
want  of  this  ^'  confent,**  and  tat>  be  aboliihicd:* 
But  thoie  which  amount  to  an  abfolutse  pt;olubi'* 
tion„  are  agreed  to.  The  ftatute  impofing  a  £ni^| 
du^on  foreign  fugars  and  molt^>OR  their  i^h 
^ortation,,  and  therein  enabling  the  Qolpnifts  ^ 
eftabliijb;  new  manufa^ures,  and  opea  new^ 
purees  of  f(veigR  trade,  fiuiU  not  beobeyeci^ 
^  ^^  tl^e  ^airliament  pftead  %?to^  paffdm 


.'  I 


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•  coinmeW,  u'nd^rYortertiiHr  V  S5t(rcl-irid'c'iii'i)> 

•  \tM(im%ii/'et^ct NvftlT.'tftt  atipf 6l?itiffi'Wdf 'iSh- 

^iit  *';dJicrJitioiis:'"'' '  f s^ t  rrot  fffirtge^^'tfiat^yfren 
■  'tfity  ij^erc'  abo'vit  tp'  br/f^f6f^-  this  rutWbiis  prjti- 
-'Wplir;-tTrcf  robld'ttnt  petcCiVt;  tHaf er^*y  .gft^ter 
'^pow.frr  RteWrdc's  kiviffjr  Wfetfor,  tclatiW -^bwet ; 
'■andih'd:'fhfe'p6Wc^tV_rf6i\it)it  a  parrrcitilar  trade 

"^  W  (ionCllidri^'f  rehtaH(§  npbn^'th'fs 'ftrnfik 
'^-^tnericin  bill  of  riijlitsftHJf  pillar  fef'AnietfcSn 

•  tiBett?^si*^  It  fce'ms  /initflicitly  '^gttk^'i  *'that 
)yd\\  %-^tonfeiTt  (yf;A^eHca,^Vbbth  iiitpal 
'and  eitrfhiil'taxits  ftiay  fee  Ikid  'by  Parli'inSehYj^ 

But  '!S]efiia>e  not  Infofriied  Us  in^liitcdiirti- 

•  tutlonil,  €r  legarmbjp,  this  cbnffent  (s  fo -be  ob- 
tained, or  glyert'.     Thtiy  muft  haVc^ 

they  knew  any  tKif^^^tWil  there  w     ffpne  vUitd 
yet  fo   far  werd'they^'fiibrti'  meariikg  t6^  ptb^ofc 
'  ahv,  tFjae  tfrey  'pt^r^dj^itj '  airqc^vfo/a'^i^k  of 
Weir,  dwn  titer  the  ohl^'cfonfl:it'i^fl6narpl4n 
'  whidh  was"  dfFe'red:f6rdTattitiVp^  '^VJ/r/V- 

-^ffforii  '*dr  Aitautes,.  aftet;1t:  Ky^'Beb"^  df- 
atej^;'  a'nd  rcfefetl  to  WrtJia-'confi&eiiat.lqn'^^ 
i^';^bod' people  of  Aitierfdaih6)]i(i'/fec;k^^^^ 
hiye  of  ff^  xfepnvTng  'ffi/ftiehiWi*  Vvho  ^^ 
;|lfd  it,  oF!thia  lecnrity,  agaihftmitreprerehtaYio'ii. 
*ftfcn  he  #as  ip. jitftid^  entitled  to^  an'4  XMi^ify 

^efctlfflg^r^^hhe^  Tnertr^ntftift ed  With '  the  Str&l 

'  «>|)oMm«nt' '  "of  tfeir  '  cHn  fHtiiehts^-r^^hcy; 


j ;  1 


COOK 


Al 


((  ^,  )) 

uf>jpa,  |?ct.wccrvt.<5Fc/^i;3rit#i»r^od;  tj^  ja<Monifi,( 

would .^^ye  bwft 7  ppppfed  to  thft . iwmh^rr  ftarci) 
a,ijvfl,a;p<^th  X)::/<?aod  tQ  •»)lnftrng,;at?d  /'happy fa«Dr!*f{ 
cijif^jon.;  i  3^it^!^la?il   How  in^ift^ik^ti  f.  NtHiii^^^ 

i^bPOF*  bwi:  the  iU^flajaptnildiipimitivfe  brat^O  In*-^ 
D3Kp,*HDi^N<?'>:V  uA^icWoious  i>f  its  in^bilijy  to> 
defend  .UrcLf*  'i}hey ;  h^€ '.  Qkcft^,  cvcryj jtcryej  to 
pwyaij  .<W»<ih.c  people  ^ii :  adopt  the  Ipurimw-  in- 
lan^-.of  aiday,:  and  takfc  wp atms  in  iU  d<tfc«iice|t 
tp;rufH  intK)  the  Ulackeft;  rebcilioli,  ^dii:  all -fiber 
b0p»0Bf^;Qf  an  onnaiuifaieivii  \<rar,v-lI.o,d5w9:t 
this.iwi^kfsd  aod  liorrid  defign,.  they,  ini  iiktl^elr) 
Jkfiffi  ijae^y  of  illegal  p63wtr,  refolvd  thatiifi 
**jtbc,}a.ie^it9  of  parlinmerit  (hall  be  attemptcd> 
"j  t^  b*?  carried  inte  execution ;hy,'forci,  that  in? 
.  fyqh  Qfei.^Z^y/«wnVa  ought  to  fupport  the  in* 
habittpts  of  th«  MaiTachufets  B^LyviftMr^p'', 
psjition"  /  Who  is  t»  fiipcrintend '  the  ttxcct)-' 
tJQn  of  phc  Ja?y&,  againft:  which  tlvsiofjpofitioa 
isiadyifed.?; /Thi?  is  the  duty  ofihis.Mj^ofliy/.asi 
reppef^ntativc  of  the  ftatCf  who  is,  authorif<;d  to 
dp.  it,  by  firft;CAlling  i)n  the  aid  of  the  iciH^  .powr-^ 
cru  Anci-ifvihat>is;not  fxiffidient,  the  military ?l 
J'i^ev^flcjittal ifjripciples  of  govei^rftn^nixjuiiiif^ 
ii;  7  S^afoh :  ifor  yourlirfvcsv .  my  djearroccBuiitry>» 
n^flft,  j(>oki-in4jo:  all  theJtrcatifcs.on  .thc'><Hnrt^ilt<ii 
\^%;  and  ithey;  willrjteli  yaii^  that  thi* 'oppofaisQai 
is^icltjar^;  palpably  trcaloqaiidrebeliibn^  khcidb 
jwiUinjCi^r.  the  ferrfciture  ^of  lyotir  d^tcvan^hybor 
Jiyipsiiri  Bit t.^ftis  is.not  all  the.  rhrfcl*«rftkhcy  teart 
^iEmf ,  M  SLictprnpit^ed  tovddimas:i£iii<ttiDrigi/w()iiIi 
,^Jir.:  :o-ia  ^  .fati^fy 


«( 


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Cu.iM.M, 


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■  / 


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ti  * 


MilydMi,  hut  your  mcvitablc  Mllh.^yibl^ 
ihtw  fimi»uiidcd  you  with  mtfery  oh'  lU  fidct-^ 
hiw  ttM  tkeir  uttmilk  ^ndcairouri,  to  tixk  the 
lioftild  refemmcru  df  one  of  t-Ke  moft  pewtiful 
ftatM  ispon^ircli  againft  ypii^  v/hct\  nbthing  hnXt 
her  afftaipn,  lenity  «fi«(  mercy  towards  ybit,  can 
preveiH  her  from  reduciiig  yoot  in  «  ihore  timi^ 
to  the  deplorabk  coifdifiion  of  a  oonquetcfd  peo^ 
iple.  But  if  (he  (hould'belb  blind  ee  vour  ana  het 
«wn  incercfty^s  to  give  you  indmMeney,  whkh 
is  the  orett  aim  o^  their  condua,  t^hay  4iave  pre- 
pared tne  rods  andicourf^s  of  their ^#ii  tyran- 
ny to  Aibdue  your  fpiri%  and  &riuffh|>h  ovet 
your  inralnable  rights  and  liberties^     Under 
thia  tyranny,  edids  'have  ^en  made -and  piblldi^ 
td ;  and  fo  fscred  are  tliey  te  be  held,  that noite 
ia  to  (ire&ime  to  4niddle  ^ith^  or  determine  any 
•dtfput^  tfriftng  on  them,  but  the  crcattires  *  of 
tihisillegal  power,     l^he  fevereft  of  «H  pen^dties 
aro  ordained  for  a  difobedienec:  to  theirn,    ^iTaices 
have  been  impofed  on  your  property,  and  that 
property  arbitrarily  «a;kcft  from  yoha  •,  the  libe^rtv 
«f  the^f>refs,  and  even  ^the  liberty  of  4peecl! 
ia  dc^royed.     The  unthinking,  ignorant  multi- 
tude, in  the  eaft  and  weft,  are  arming  ttg^i^t^ 
the  qiother  ikate,  iand  the-authority  of  ^vernJ 
ment,   is  filenced   by  the  din  of  Mrar.— ^Wh*t 
think  yoa,  O  my  countrymen,  "what  thkk  ybti 
will  be  your^^ndirion,  when  you  ^fhaJl  fee  ^h^    "^ 
defi|jBS'Of  thefe  men  ^carried  a4iti?Ve  farther  into 
0Kecucio9i?-^CompaQies  of  4itmed,  UiSat  undi/cU 
pHned  mm,  headed  ^by  men  un^ihctpkd,  tra^ 
^vcllmg  over  your  eftj|tcs,  entering  your  houfcs—^ 
vout  eaftld5«^nd  facred  repontories  of  fafety  fof 
mk  jfou  hoM  48ar  and  vakiabl^-^imit^g  ffffiit 

propcrQ^ 


\ 


\ 


■   ^ 


I 

(    33    ) 

property,  and  carrying  iiavock  and  dcvaftatiqit 
wncrcvcr  they  head — ravifliing  your,  wives,  and: 
daughters,  and  afterwards  plunging  the  dagger, 
into  their  tender  bolbms,  while  you  are  oblig^, 
to  ftaiid  the  fpccchleis,  the  helpld's  fpedators. 
Tell  me,  oh  I  tell  me — Whether  your  hearts  ai^c. 
fo  obdurate  as  to  be  prepared  for  fuch  fhocking^r 
fcenes  of  confufion  and  death.    And  yet,  believe » 
nie,  this  is  a  real  and  not  an  exaggerated  pifturei 
of  that  difti^fsi  into  which  the  fchemes  of  thofe\, 
men,   who  have  affunied  the  charaders  of  your 
guardians,  and  dare  to  ftile  themfclres  his  M<7-. 
jefty*s  tnoft  loyal  JubjeSSy  will  inevitably  plunge  * 
Jrou,  unlcfs  you  oppole  them  with  all  the  forti- 
tude which  reasfon  and  virtue  can  infpire. 

I  have  thus  thought  it  my  duty,  in  a  cafe  of 
fiich  infinite  importance  to  my  country,  to  giv;e 
thj  full  weight  to  the  arguments  in  favour  of 
the  right  of  parliament,  and  againft  thofe  rafh 
and  violent  meafures  which  are  haftcning  the 
ruin  of  America.  I  do  not  know,  that  I  have  cxag- . 
gerated  any.  I  mean,  with  the  mod  benevolent  ^'. 
attachment  to  her  true  intereft,  to  lay  the  trutli, 
the  whole  truth,  and  nothing  But  the  truch,  be- 
fore my  country,  that  Ihe  may  impartially  con- 
fider  it,  and  give  it  that  weight  which  reafon  and 
her  own  prel?rvation  (hall  didatc  j — but  hither- 
to I  have  only  performed  a  part  of  my  engage^ 
ment.  The  rights  of  America  remain  to  be  conr 
fldered  and  eltablifhed.     A   tafk  which  the  un-  * 
dertaker  muft  perform  with  ineffable  plealure, 
as  he  is  pleading  a  caufe  founded  oyi  the  immut- 
al^le  principles  of  reafon  and  jufticc — the  caule^j^ 
of  his  country,  and  the  latefl  pofterity.     He  i«  ■ 
endeavouring  to  reflore  ^q  unio^  ,b,ctwcen 


'W? 


4 


•   » 


u 


great 


# 


/ 


,:£■ 


w 


(    34    ) 

^at  countries,  ^vhofe  intcrcft  and  welfare  are 
infcparablc  i  and  to  recover  thole  rights  upon 
the  enjoyment  whereot  the  happinefs  of  millions 
dfcpcnd^. 

That  Amerif  a  has  fights,  and  rtioft  important 
rights,  which  (he  docs  not  at  prtfent  enjoy,  I 
know  •,  and  that  they  are  as  tirmly  eibablifhed,  as 
thofe  of  the  padianiciVt,  may  be  eafily  proved ; 
but  what  thofe  rights  arc— whence  derived — 
\iow  the  cxer<  ifc  of  tlum  has  been  loft — and 
what  is  the  only  poffiblc  and  fafc  mode  of  re- 
cbverinff  them,  arc  qucftions,  a  candid  folution 
of  which  will  throw  full  light  upon  tliis  unhap- 
py controvcrfy. 

After  what  has  been  faid  r€rpe(fling  the  rights 
of  parliament,  and  the  duties  of  the  Britifh  ftate, 
it  cannot  be  difficult  to  determine  from  whence 
the  rights  of  America  are  derived..  They  can 
bfc  traced  to  no  other  fountain,  but  that  wherein 
they  were  originally  cftablifhcd.  This  was  ih 
the  conilitution  of  the  Britifh  ftate.  Protect  ioa 
from  all  manner  of  unjuft  violence,  is  the  greatob- 
jedt  which  men  have  ih  view,  when  they  furrcndcr 
up  their  nitural  rights,  and  enter  into  fociety. 
I  have  faid  brfore^  that  the  right  to  this  protcc- 
tiipn,;  and  the  duties  of  allegiance  were  rccipro- 
cai.  Ey  pfoteiStion  I  do  not  mcnn  jrottdion 
from  foreign  powers  only  -,  but  alio  agarnft  the 
private  ihjuftice  of  individuals,  the  arbitrary 
and  lawlefs  power  of  the  ftate,  and  of  every  fub- 
ordinatc  authority.  Such  being  the  right,  unlets 
the  government  be  fo  formed,  as  to  afford  the 
fubjedt  a  fecurity  in  the  enjoyment  of  it,  the  right 
itfclf  v^rould  be  of  little  eftimation.  The  tenure 
would  be  p^ri^c'arious,,  arid  its  c^ftenGc  of  a  ^ort; 

duratiou. 


'....■f.  ,■.',•.„:>. 


^ 


duration.  In  proportion  to  the  (lability  of  chtf 
fcciirity,  all  govcrnn\cnts  arc  more  or  Icls  free, 
and  the  fubjed  happy  under  them.  Much  tlierc^ 
fore  depends  on  the  particular  form,  or  conft|^ 
tution  of  the  fpciety.  In  a  monarchy,  where  t\\t 
[  fuprcmc  po>ver  is  lodged  in  a  fingk  perfon,  without 
any  check  or  controul,  the  tenure  is  precarious ^ 
.becaufc  it  depends  on  the  difcrction  and  intcgr-tV 
of  the  Monarch.  But  in  a  frpc  government  <W 
the  mixt  form,  where  the  people  nave  a  right  t^ 
a  Ihare,  and  compofe  a  psirt.of  the  fuprciheaiji^ 
thority,  its  foundation  will  be  folid,  ami  its  con^ 
tinuance  permanent ;  becaufc  the  people  them* 
felvcs,  who  arc  inrcrefted  in  itsprefervatlon,  par*- 
)take  of  the  pow;er  which  is  neceflary  to  dcteiul  if. 

There  is  no  Ibcicty  in  the  world  where  this 
|"ight  of  protetjipn  is  fettled  with  fo  much^wri- 
<iom  and  policy,  as  in  the  Engiilh  cpnftitution. 
The  experience  of  j|gcs  affords  nuriici'ous  inilancc| 
'of  its  liing  invaded  and  imp«\ired,  butin  afliort 
time  reftored  by  its  own,  cr\ergetjc  power.  It  is 
this  part  of  the  Er^glifti^ovei^nnnljpn.t  upon  which 
authors  dw^U  with  rapture  ,  as  if  0n,iycutcs  ii| 
^bole  excellence,  and  forms  ita  freedom..  * 

Po^ver  nati^ally  arifing  from  property,  I^  ii 
evidcn,t  from  a  view  of  the  Brltim  conftitutibn, 
in  all  its  different  ftages,  that  the  Englifh  go- 
vernment derives  i^s  power  frofp  the  landed  iri-^ 
tereft  j  that  being  the  molt  permanent  and  un^ 
changeable  in  its  nature,  of  all  kinds  of  proper- 
ty, and  therefore  moft  worthy'  of  proce<SipnI 
And  although  wp  cannot  trace  this  truth  up  td. 
it^  origin,  the  neceflary  anxlent  records  baing 
buried  in  the  ruins  of  the  monafteries,  either  be- 
%e. or  after  tlic  .conqueft,  yet  ^he  f^i^^-  is  fufH- 

E  2  *  cientl]^ 


■'I 


ill' 


•;i,. 


'j"  '•  ■ 

m 


( 36 ) 

cjcntly  evident  from  very  ancient  hiflorics  and 
*dpcu>ients,  as  well  as  from  the  plan  of  govcrn- 
iTicnc,  ufed  in  England  from  time  immemoriai 
AH  hiftorians  agrtc  that  the  prefent  form  of  go- 
^vejrnment  was  fettled  in  Britain,  by  our  ancicftof?, 
tlie  Angio-faxons^  and  fo'  Hr  as  we  have  ftny 
icnowledge  of  their  'goyernnicnt,  in  their  own 
(Country,  we  know  that  th^  proprietors  of  the 
%}idfi  gave  their  perional  attendance  in  the  lepj- 
Native  council^  andjhared  the  pGwercf  making  th:ir 
~  "      After  their  conqueft  6f  Britaih,  all  tbdfi 


laws. 


}o  whom  the  landwM  a^:>porcioned,  held  a  right  to 
afhil  in  the  Saxon  parliaments.  And  by  the 
fceudallaw  every  L^idbolder^  mletin'the  feudal 
courts,  and  ^ave  his  aflent,  or  diifent,  to  the 
laws  there  propofed. 

*'  Sucli  continued  to  be  the  form  of  the  Britifh 
jg;pverxi merit,,  until  the  dilTolution  of  the  hep- 
Jarchv,  and  union  of  the  feven  kingdoms,  when, 
we  iTiould  not  have  thought  it  ft  range,  had  thi? 
principle  been  deftroyed',  or  grratly  impaired,  in 
the  convulfions  which  effcderi  fo  great  a  revo- 
lution. But,  oil  the  contrary,  although  the  num- 
bers of  people,  ^nd  their  remoten-efs  from  the 
place  of  convcrition,  were  greatly  encrcafed  by 
the  urrion  which  rendered  a  perfonal  exercife  of 
the  legiflative  power  impradlicable  ;  yet  in  order 
to  preferve  in  the  go;'ernmeht,  this  important 
pfi;iciple,  upon  which  ftll  their  rights  and  free- 
dom depended,'  they  adopted  the  policy  of  veft- 
ihg  the  landed  intereft  in  each  ty thing  and  bo- 
rough, wi'  '  a;  right  ^o  ^^^d  reirefentativcs  to 
♦heir  Wittena-Gemot,  or  Parliam-fit. 

Nor  could  the  rage  of  conqueft,    and   all  tht 
power  of  arms,  aboliih  tliis  firft  -principle  of  Eng- 


■vV 


■WnMKi 


r    ^ 


'V 


(     37     ) 

Jilh  liberty  and  fafety.  William  the  fir(V,  at  the 
timt  he  conquered  Britain,  found  it  confident 
with  his  intcreft  and  fccurity-,  to  prefcrve  it  in- 
violate :  And  when  he  thought  it  neceilhry  to 
leficn  the  exorbitant  power  of  the  Saxon  Kurli,', 
which  endangered  his  fafety,  by  difmembcring 
the  baronies  trom  the  covlnties,  the  Barons  were 
y^ftcd  with  a  right  to  reprefent  their  baronifes,  in 
the  great  national  council.  This  was  all  the 
change  which  that  great  man  ventured  to  make 
in  the  conilitmion  •,  a  change  which  made  no  ef 
fential  difference,  as  to  its  freedom.  '  For'ascVe- 
ry  fpot  of  land  was  before  the  conqueft  within  ' 
fome  tything,  fo  under  this  alteration  every  pare 
of  it  was  mctuded,  in  fome  ba:x)ny  or  borbUgfi, 
and  all  of  them  were  reprcfcnted  in  the  legi  da- 
tive power,  by  the  Barons,  or  BMrgwflcs.  j^ 
Upon  this  folid  foundation  coritiniied  the  f^- 
doqi  qf  tlie  Engiifh  government,  during  the 
reigns  of  William  Rvifus,  and  Henry  the  firil. 
|h  the  civil  w?ir  between  Stephen  and  Maud  and 
Henry  the  fecond,  each  parry  finding"  the  power 
ancf  influence  of  the  Barons  over  their  vaflkls  tOt> 
great,  divided  tlic  conquered  baronies  into  frpal- 
ler  tenancies  in  chiefs  and  rewarded  their  friends 
with  them.  By  this  meafure,  and  the  like  poli- 
cy, whiph  was  afterwards  puilued  by  King  John, 
tenants  in  capite,  or  the  kfllr  Barons,  were  fo 
multiplied,  that  3  very  unequal  reprcfentalion  of 
the  landed  intereil  arofe.  They  held  an  equal 
.{hare  in  the  legiflature,  with  the  greater  Barons  ; 
and  being  more  numerous,  and  their  ifiterefb  in 
many  reipedts  different,  they  over-ruled,  and  of- 
ten deprived  the  greater  uobility  of  their  rii^hts. 
This  grievance  grew  intolerable  j  and  therefore, 
*  *  -      '  when 


'4 


.'   ■;  ;-v>  ■•  ■■. 


B^ 


.1 ; 


ill 


.1 


..( 


(        33        > 

ivjicn  King  John  found  himfclf  obliged  to  do 

juftlcc    to  th?  nati(^n,  and  rcllore  the   antient 

principle  of  the  conftitutipn,  two  fcvcral  claufcs 

wtrc  inrerred  in  Magna  Charta :  By  the   firil 

*''  tlic  Archbifliops,  Abbots,  Earls  and  great  Ba- 

"  rons  of  the  realtri,"  >ivcre  to  be  *'  iummoncid 

3*  ftnghji'^  by  the  King's  writs ;  and  by  the  fc- 

cpnd,  "  all  others  who  hc!^  in  chief,"  viz.  t|>c 

lefler  Barons,  or  tenants  iji  capitc,  were  to  be 

**  fumrnoncd  in  general.**    *By  thjs  daufe  the 

kflcr  barons  were   feparated  from  the  greater, 

iWdi   loft' the" r  hereditary  ri^ht  of  repreCenting 

tbcir  land?^«^^,  or  in  perfon;  but  being  fium- 

'  jnoncd  to  parliament  ^'  in  general,"    they  hcid 

l^hc  right  or  ekding  fome  of  their  body   tp  ri^- 

pre^ntthem  in  the  houfcof  commons  ;    and  of 

participating  the  fupremc  legiUdtive  authority. 

by  their  delegates,  who  were  thence  forwarc} 

,  ffjled  Knight$  o^  the  Ihire.  . 

TJju$  this  right  to  proteflion  fmm  the  Hate^ 
ilood  fccurcd  in  every  alteration  of  the  conititu- 
fiori,  by  preferving  to  the  landholders  a  Ihare  m 
the  authority  of  the  fupremc  head,  who  were  tp 
regulate  that  protection,  and  every  other  rpatt^r 
ftjfceptibi?  of  human  diredllon,  until  the  reign 
of  Heory  VI.  when  our  anceftors,  conce.iviAg 
that  it  could  not  be  rendered  too  [cure,  nor 
founded  o:«i  a  bafe  too  broad,  they  obtained,  by 
aft  of  parliament,  a  right  in  every  freeholder  of 
forty  millings  per  annum,  to  vote  for  knights  of 
the  fhire. 

In  confirmation  of  this  right,  I  {hall  only  add 
that  King  John,  in  the  greut  charter  I  have  be- 
fore mentioned,  granted  for  the  rcftoratior^  of 
the  rights  of  the  fubjcft,  engages  "  not  to  im- 


*-  / 


:; 


MP 


I  'i 


^1 


(     3^     ) 


I 


<( 


pofc  any  taxes  without  rumman?ng  the  arct 
*'  bifhops,  the  b'ifliops,  the.  abbots,  the  earls, 
"  the  greater  barons,  and  the  tenants  in  capiteT* 
And  by  the  17th  ot*  Edward  III.  another  char- 
ter, granted  on  the  like  occafion,  it  is  exprefsly 
declared,  that  "  whatever  concerns  the  efiate  of  the 
*'  reahn^  and  the  people^  fhall  be  treated  of  in  par- 
"  liament  by  the  King,  with  the  eonfent  of  the 
"  prelates,  earls,  barons,  and  commonalty  of  the 
«  realm.'*  : 

It  v/ould  be  endlefs  to  trace  this  truth  through 
all  the  pages  of  the  hiftory  of  the  Englifti  go- 
vernment. I  have  offered  proofs  fufficient  to  dc- 
monftrate  tfcat  the  Lords  and  Commons,  who 
hold  lb  large  a  (hare  of  the  legiQitive  authority, 
derive  [their  right  from^  and  reprefcnt  the  lands  with- 
in the  realm.  I  fhall  therefore  only  add,  before 
I  leave  this  point.  That  this  power  of  Icgiflation 
iQ  the  people,  derived  from  the  Ihare  they  held 
in  the  lands,  was  originally,  and  yet  is,  of  the  ef^ 
fence  of  the  Englilh  government  •,  and  ever  was, 
and  ftill  continues  t6  be,  the  only  check  upoft 
the  encroiichments  of  power,  the  great  fecurity 
againft  oppreiTion,  and  the  main  fupport  of  the 
freedom  and  liberty  of  the  Englilh  fubjedls.  And 
iv''  excellence  confifts  in  affording,  to  every  part 
'ji,^s|5^of  tho  realm,  an  opportunity  of  reprelent- 
':  ig,  by  their  delegates,  at  all  times,  their  true 
circumftances,  their  wants,  their  nccculties,  and 
their  danger,  to  the  fupreme  authority  of  the  na- 
tion, without  a  knowledge  of  which  it  is  impof- 
fible  to  form  juft  or  adequate  laws  •,  and  when 
rcprefented,  to  confult,  advile  and  decide  upon 
fuch  provifions,  as  are  propofcd  for  their  relie:^ 
«5r  fkfety ;  giving  their  negative  to  fuch  as  are 
'  mifchicvo^s 


:.     /I;. 
t 


\ 


irr 


1/ 


II 


m 


::\ 


!i 


I 


(     40.   ) 

mifchicvous  ,©c  improper,  and   their  ^fTertt   tb 
thofc  which  remove  the  inifchiel\j  or  afford  a  re-. 
medy.     Here  we  have  a  perfed  idea  of  civil  li-» 
bcrty^  and  free  governmeia',  fuch  as  is  enjoyed 
by  the  fubjedl  in  Great-Britain: 

Biitwhat  arc  the  circumftanccs  of  the  Ameri- 
can Britifh  fubjcdls  ?  Is  there  a  parf  or  fpot  of  the 
lands  in  America^  or  are  the  owners  or  propricT 
tors  thereof  in  right  of  fuch  lands^  reprefented  in 
the  BritFfli  parliament  •,  or  do  they  in  any  other 
manner  partake  of  the  iupreme  power  of  the 
ft  ate  ?  In  this  fit  nation  of  the  colonies,  is  not  the 
Britilh  government  a&  abfolute  and  dcfpotic  over 
them,  as  any  Monar  ^  whatever,  who  fingly 
holds  the  legiflativc  aiu*  '  y  ?  Arc  not  the  per- 
Ibns,  lives  and  eftates  of  tlic  fubjcds  in  America 
at  the  difpofal  of  an  abfolute  power,  without  the 
leaft  fecurity  for  the  enjoyment  of  their  rights  ? 
Moft  certain  it  is,  that  this  is  a  fituation  which 
people  accuftomcd  to  liberty  cannot  fit  eafy  un- 
der. 

From  the  preceeding  renaarks  it  partly  ap- 
pears in  what  manner  the  American  fubjedls  have 
loft  the  enjoyment  of  ^this  ineftimable  right, 
though  not  the  right  itfelf,  viz.  by  their  emigra- 
tion to  a  part  of  the  teriitory  of  the  ft  ate,  for 
which  the  conftitution  had  not  provided  a  re- 
prefcntation.  America  not  being  knov/n  or 
thought  of  when  the  conftitution  was  formed,  no 
fuch  provifion  was  then  made.  But  the  right  to 
a  fliare  in  the  fupreme  authority  was  confined  to 
the  territory  at  that  time,  intended  to  be  governed^ 
by  it.  And  at  the  time  our  anceftors  left  the 
mother  country,  it  feems  none  was  eftablilhed. 
I^iow  this  happened  is  not  material  to  my  fub- 


<  li 


•>  * 


/■ 


(       >rl        )  -  . 

.jcct — tlicy  came  over,  perhnp$,  wlthoilt  tnink--" 
ing  of  the  importance  of  the  right ; — or  their 
poverty,  which  rendered  the  obtaining  of  it  in- 
•any  form  impracticable^  prevented  their  claim 
of  it.  However,  it  is  certain  that  it  was  pallbd 
over  irt  filence,  as  well  by  the  llate^  as  the  people 
who  emigrated  5  but  has  been  neither  forfeited, 
liirrcnderedj  nor  loft.  And  therefore  it  ought  to 
be  reftored  to  them,  in  fuch  manner  as  their  cir- 
tumftances  will  admit  of,  whenever  it  Ihall  be 
decently  and  refpedfuUy  aflced  for.  Juftice  to 
the  Amei:cansi  and  found  policy,  in  refped  to 
both  countries,  manifeftly  require  it. 

The  emigrants  enjeyed  in  Britain  the  perfedt: 
Vights  of  Englifh  fubjedsw  They  left  their  na- 
tive country  with  the  confent  of  the  ftate,  to  en- 
creafe  her  commerce,  to  add  to  her  wealth,  and 
extend  her  dominions-.  All  this  they  have  ef-. 
feded  with  infinite  labour  and  expencc,  and- 
through  innumerable  difficulties  and  dangers.- 
In  the  infant-ttate  of  tlieir  focieties,  they  \wcffe 
incapable  of  exercifmg  this  right  of  participat- 
ing the  legiflative  authority  in  any  nriode.  The 
power  of  parliament  was  juftifiable  from  necef- 
iity  at  that  time  over  them ;  they  ftood  in  as 
much  need  of  its  protection,  as  children  in  art 
infant-ftate  require  the  aid  and  protection  of  a 
parent,  to  fave  them  from  a  foreign  enemy,  as 
well  as  fromthofe  injuries  which  might  arifcfrofet 
their  own  indifcretions.  But  now  thty  are  ar- 
rived ?t  a  degree  of  opulence,  and  ciVcumftAnccS 
fo  refpeftable,  as  not  only  to  be  capable  of  eri* 
joying  this  right,  but  from  neceffity,  and  fof 
the  fecurity  of  both  countries  to  rcqurre  it. 


,^,'v 


■u 


1 1 
U  'I'' 


LI 


i 


ii 


'(    4»     ) 

The  iubjcft?  of  a  free  ftatc,  in  every  part  ot 
its  dominions  ought,  in  good  policy,  to  enjoy 
tfac  fame  fundamental  rights  and  privileges.  E- 
very  diftinftion  between  them  muft  be  offenfivc 
and  odious,  and  cannot  fail  to  create  uneafinefs 
and  jcalouries,  which  will  ever  weaken  the  go- 
vernment, and  frequently  terminate  in  infurrec* 
tions-,  which,  in  every  Ibciety,  ought  to  be  parti- 
cularly guarded  again Ih  If  the  British  ftatc 
tl"vcrefore  means  to  retain  the  colonies  in  a  due 
obedience  on  her  government,  it  will  be  wifdom 
in  her  to  reftore  to  her  American  fubje<5ts,  the 
enjoyment  of  the  right  of  aflcnting  to,  and  dif- 
fenting  frora^  fuch  bills  as  (hall  be  propofed  to 
tcgulase  their  condud.  Laws  thus  made  will 
ever  be  obeyed ;  becaufe  by  their  aflent,  they  be- 
come their  own  afts. — It  will  place  them  in  the 
lame  condition  with  their  brethren  in  Britain, 
and  remove  all  caufe  of  complaint;  >r,  if 
they  fhauld  cortceive  any  regulations  i.  conve- 
nient, or  «njuft,  they  will  petition,  not  rebel. 
Without  this  iriscafy  to  perceive  that  the  union 
tnd  harffKMiy,  which  is  peculiarly  eflcntial  to  a 
^ee  fociety,  whofe  memoers  are  refident  in  re- 
gions fo  very  remote  from  each  other,  cannot 
k>ng  fubfift. 

The  genius,  temper,  and  circmnftances  of  the 
Americans  Ihould  be  alfo  duly  attended  to.  No 
people  in  the  world  have  higher  notions  of  liber- 
ty. It  would  be  impofllble  ever  to  eradicate 
them  i  (hould  an  attempt  ib  unjuft  be  ever  made : 
Their  late  fpirit  and  conduit  fully  prove  this  af- 
fertion,  and  will  ferve  as  a  clue  to  tnat  policy  by 
^hich  they  ought  to  be  governed.  The  diftance 
of  AoKvicA  from  Britain,  her  vaft  extent  of  ter- 
ritory 


I' 


s 


> 


(     43     ) 

ritory,  her  numerous  ports  and  convcniencics  of 
commerce,  her  various  produdlions,  her  incrcai- 
ing  numbers,  and  conlequently  her  growing 
flrength  and  power,  when  duly  confidcred-— aU 
point  out  the  policy  of  uniting  the  two  countries 
together,  upon  principles  of  Englilh  liberty. 
Should  this  be  omitted,  the  colonies  will  infal- 
libly throw  off  their  connexion  with  the  mother 
country. — Their  diftance  will  encourage  the  at- 
tempt, their  difcontent  will  give  them  Iplrit,  and 
their  numbers  wealth  and  power,  at  fome  future 
day,  will  enable  them  to  effcft  it. 

If  it  be  the  intercft  of  the  mother  country,  to 
be  united  with  the  colonies,  it  is  (till  more  Th«ir 
intereft  that  the  union  fliould  take  place.  Their 
future  fafety  and  happinefs  depend  on  it.  A 
little  attention  to  their  circumftances  will  prove 
it.  Each  colony,  in  the  pre  lent  conllitution,  is 
capable,  by  its  own  internal  legiQature,  to  regu- 
late its  own  internal  police,  within  its  particular 
circle  of  territory.  But  here  it  is  confined ',  thus 
far,  and  no  farther,  can  its  authority  extend, — 
one  cannot  travel  into  the  bounds  of  the  other, 
and  there  make,  or  execute,  its  regulations. 
They  are,  therefore,  in  refpedt  to  each  other,  fo 
many  perfedt  and  independent  focietics ;  deftitu  tc 
of  any  political  connedtion,  or  fupreme  autho- 
rity, to  compel  them  to  aft  in  concert  for  the 
common  fafety.  They  are  different  in  their  forms 
of  government, — produ6lions  of  foil,  and  views 
of  commerce. — They  have  different  religions, 
tempers,  and  private  intercfts. — They,  of  courfe, 
entertain  high  prejudices  againff,  andjealoufies 
of,  each  other ;  all  which  muft  from  the  nature 
5iud  reafon  of  things  always;  confpirc  ta  create 

F  z  fueh 


\\ 


^: 


\ 


11. 


.(  . 


I 


ill. 


.-! 


:'i  ; 


1^: 


;:.i-       ' 


m 


(     44     ) 

fuch  a  dlvcrfity  of  intercfts,  inclinations,  judge- 
riK-nts,  and  amdud,  that  it  will  ever  be  impof- 
lible  for  theiT>  to  unite  in   any  general  meaJure. 
whatever,  cither  to  avoid  any  general  mifchief, 
.  Of  to  pr'Tnoio  any  genei  gil  good.     A  retrofpedit 
to  i.ic  .''^nJiioi:  ot  th^   colonies,   during  the  lad 
.  V     ,  \vj     fliew  that  this  alllrtion   is  founded  m 
fatal  experience.     It  was  owing  to  this  dilunited 
ftate  of  the  colonies,  and  their  conducing  dieir 
policy  upon  thcfe  principles,  that  a  fniall  num- 
ber of  French  fubje^s  in  Canada,  adling  on  the 
reverfe,  "s^x^re  enabled  to  coacert  their  plans  with 
fuch  fuperior  wifdom,  and  to  exert  fuch  a  fu- 
perior  degree  of  firength,  as  to  endanger  the 
j'afcty  of  all  North   America,  which   contained 
upwards  of  twortiilUcjis  of  people,  and  obliged 
them  to  implore  the'  alFiftance  of  the  Britilh  go- 
vernment.   'In   the   application   to  the  mother 
.  country  for  protection,  this  ia '  fully  acknowled- 
ged.   '*' It  now  evidei^tly    appears,**    fiy  the 
council  and  affembly  ftf  the  Maflachufets  Bay, 
"  That  the  French  are  advanced   in  the  execu- 
•  *'  tton  of  zi plan^' prcjc^ed  more  than  fifty  years 
,  *'  fmce^  for  extending  their  pofilffions  from  the 
*'  mouth  of  the  MifTilTippi    on  'the  fouth,   to 
,Hudfot»'s  Bay  on  tlie  north,  for  fecu ring  the 
vafl  body  of  Indians  in  that  inland  country, 
and'  for' fubje6ilng  this  ixjbole  ccntincra  to  the 
cro-wn  ofFtamce.^''  *  ■   And  from  what  caufe  did 
i:  happen  that  the  Englifli  colonies, '  poiiefied  of 
an  hundred  fold  'more  wealth,  and  twenty  times 
the  number  of  peojile,  could  not  cpi sole,    with 
fuccefs,  the  force  -^.wdL  khenies   of  a  ioff  ?  The 

...  •  ...     ..,...-•  -^    ■      ^-  ■  .  •  {^xxit 

"    *  MefTage  from  the  Coundl  and  Houfe  cT  Reprefcnta- 
livpsef  the  Mafla-chufetsBay,  in  1754. 


;«( 


t< 


(( 


.C< 


V 


/ 


/\ 


s 


)       I 


(     45     ) 

fat>K  gentlemen  tell  us,  The  French  hive  but 
qne  interejl^  and  keep  but  one  point  in  view  :  I'lic 
Lhglijh  ^overrmenti  L/ue  different  inttrcjis^  are  di/- 
united :  fome  of  them  have  their  frontiers  covered  by 
their  neighbours.  \  and  not  being  immediately  affctfed 
feem  unconcerned.''*  The  commiflioners  from  the 
"ievcral  c(;lonies  at  Albany,  afTign  the  fame  cauf:. 
•'  The  c(7lonies,"  they  inform  the  crown»  being 
"  in  a  divided,  difunited  (late,  there  has  never 
**  been  any  joint  exertion  of  their  fcrce^  or  councils^ 
*'  to  repel  or  defeat  tire  meafurcs  of  the  French-/* 
and  "  parH^uhr  colonics  are  unable  and  uniJciU 
**  ling  to  mj^intain  ths  caufe  of  t]>c  whole." 
^'  Thar  it  lecms  abfcluteh  neceff'ry^  that  Ipeedy 
*'  and  effecflual  meafurcs  be  v^\f.<tn  to  feetire  the 
*'  colonies  from  the flavery  they  are  threatened  zcith.'* 
The  precliftion  contained  in  thefe  dL^elarations 
turned  out  Itridlily  true.  As  it  was  molt  juft: 
that  the  colonies  flio.uld  contribute  towards  their 
own  protedion,  while  the  mother  country  was 
laviHiing  millions  in  their  defence  •,  requilitions 
were  annually  made  of  them^  But  what  was  the 
condud  of  the  polonies  in  this  fccne,  (o  very  in- 
terefting  to  them  ?  It  is  enougli  for  me  here  to 
ailert,  what  was  known  to  all  at  the  time,  and 
what  there  Hill  remains  abundant  documents  to. 
prove — That  altho*  fome  of  the  colonies,  v/hich 
were  in  immediate  danger,  complied  chearfully 
and  in  time  ;  ycc  others,  fpom  various  caufes^ 
complied  too  late  to  be  of  real  fervice  •,  and  fome 
gave  nothing  towards  the  general  defence,  even 
at  times  when  the  enemy  was  within  their  bor- 
ders, and  a  confiderablc  part  of  the  colony  was;, 
evacuated.  What  muft  have  been  the  direful^ 
confcquences  of  thoft*  omifTions  of  durv  in  the  co- 


i.i 


\: 


f 


f.  .\:& 


"1 


i  ;  '■ 


hi 


IP 

llli.- 


1^  ' 


(     4^     ) 

Ionics  towards  each  other,  had  not  the  ni©theN 
f:ountry  exerted  her  military  abilities  to  fave 
them  ?  The  danger,  and  all  the  horrors  of  French 
flavery,  and  popilh  fupciftition,  which  then 
threw  us,  at  times,  into  the  grcateft  del'pondtn- 
cy,  are  paft,  and  we  have  forgot  them  I  But  let 
us  not  deceive  ourfelves  j  the  fame  caufcs  will 
ever  produce  the  fame  efRdls. — The  Ambition  of 
France  is  ftill  alive  andadivc,  her  power  indeed  is 
afleep,  but  only  to  wake  at  fome future  day,  Ame- 
rica is  daily  growing  a  more  alluring  objeftof  her 
ambition.  Her  fleets,  and  thoi'e  of  her  natural 
ally,  the  King  of  Spain,  are  encreafing.  The 
pradlice  of  conquering  and  dividing  territories 
and  kingdoms,  is  become  fafhionabic  in  Eu- 
ppe.  Under  this  profped  of  things,  what  can 
America  expt:<51:,  while  (he  denies  the  authority 
of  the  mother- ftate  \  and  by  that  denial  incurs  a 
forfeiture  of  her  protedlion,  and  refufes  to  be 
vnited  with  her  upon  fuch  pri'«iciples  as  will  en- 
title her  to  it.  She  muft  in  all  probability  foon 
become  the  flave  of  arbitrary  power, — of  Pop^ 
\fh  b'gotry  and  fuperftition. 

But  the  miferics  of  ^  fprelgn  yoke  are  not  aU 
the  mifchiefs  which  may  attend  htr  fcheme  of  in- 
^€pcndcncy.  Difputes  will  ever  arife  among 
|he  colonies!  The  feeds  of  controverfy,  refpe^- 
ing  their  feveral  interefts  and  boundaries,  arc  al- 
ready fown,  and  in  full  vegetation.  Ambitien 
and  avarice  are  ever  ready  to  exert  their  influ- 
ence, whenever  opportunity  oflFers.  America 
has  many  men  of  abilities  and  intrigue,  who  will 
at  all  times  be  ready  to  rif^  on  the  i^iisfortunes 
and  calamities  of  others.  Difputes  between 
JPcnnfyb  ania  and  Maryland  began^  ^nd.  would 


isP 


f 


(     47     ) 

have  ended  irt  a  ci/il  war,  had  not  the  authority 
of  the  ftatc  intcrpofed.     Similar  difputes  have 
Tubfifted   between  New- York  and  Connedbicut  \ 
New-York  and   New-Jerfcy,   and    ftill  lubfifl 
between  New- York  and  New-Hampfliire,  Con- 
nefticut    md    Pennfylvania,  and  Pcnnlylvania 
and  Virginia  \  all  ariftng  from   the  uncertainty 
of  their  boundaries,  and  right  to  the  foil.  In  1606 
King  James  granted  two  charters,  one   to  the 
Plymouth  company,  anJ  the  other  to  Sir  Tho- 
mas Gates,  and  others ;  including  all  the  colonies. 
The  refumption  of  the.firll  of  thefe  charters  has 
been  publickly avowed  and  attempted-,  and  we 
have  great  rcafon  to  believe,  that  of  the  other 
is  in  contemplation.     Thefe,  with  many  other 
caufes,    will  afford  plentiful  fources  of  difputc 
between   the  feveral  colonies ;  which  can  only 
be  decided  by  the  fword,  there  being  no  other 
power  to  appeal  to.     The  northern  colonies,  in- 
ured to  military  difcipline  and  hardlhips,  will, 
in  all  probability,  be  the  firft  to  enter  the  lift  of 
military  controverfy  ;  and,  like  the  northern  Sa- 
xons and  Danes,  carry  devaftation  and  havock 
over  the  fouthern  \  who,  weak  for  want  of  difci- 
pline, and   haviiig  a  dangerous   enemy  within 
their  own  bowels,   mud,  after   fuffering  all  the 
liorrors  of  a  civil  war,  yield  to  the  fuperior  force, 
and  fubmit  to  the  will  of  the  conquerors. 

We  have  now  before  us,  all  that  we  are  to 
gain  by  this  frantic  attempt,  to  feparate  the  co- 
lonics from  Great-Britain.  Should  America  fail 
in  her  military  oppofition,  which  (he  muft  in- 
fallibly do,  they  immediately  bccotrte  a  con- 
quered people,  fubjeft  to  fuch  laws  as  the  con- 
querors Ihall  think  proper  to  impofe  : — All  our 

rightii 


f 


mmt 


mm 


mmmm 


III '  • 


Ii; 


i"' 


t     4S      ) 

tigtitsand  privileges  forfeited, — our  loyalty  jufc- 
ly  diftruftcd — our  ports  fccurtd  by  men  of  war^ 
' — our   capital   cities     burthenetl    with     Britilh   1 
troops, — and  our  wealth  exhauded  for  their  fu;^  //i  , 
port.     Cii  the  t>ciic»f  contrary,  (hould  wk  by  any   ^ 
inii'aculous  event  fuccccd  in  this  rriad  defign,  wt- 
mud  foon  cither  become  a  prey  to  a  foreign  pow- 
er «,  our  laws,  our   manners    and  cu(toms,   ouf 
rights  both  civil  and  religious,  and  our  ineftim- 
ablc  religion  itfelf,  will  be  changed  /or  the  ar- 
bitrary cuftoms,  the  fiavery  ami  bloody  fu^xrfU  - 
tion  of  Rome :  Or  fliould  we  by  any  unforefcen 
accident,  efcape  this  declarable    ficuation,   an-, 
otlter  awaits  us,  almofl:  as  fhocking  and  dillref- 
fing.     Ambition  and  ;  /arice  will   foon  furnilh 
the  fewcl,  and  blow  up  the  flame  of  civil  difcord      ^ 
among  ourfelves.  Some  of  thefe  calamities  mull: 
ineviLably  be  the   blefled  confequcnccs  of  this 
unnatural  fcheme. 

It  will  nov/be  afked,  what  then  is  to  be  done? 
Mud  wc  fubmit  to  parliamentary  regulations^ 
when  we  arc  not  represented  in  that  body  ?  My 
aniwer  is — I'hat  I  iim  a  friend  to  true  liberty.  I 
cfl:e<rm  it  above  all  other  temporal  blefTings,  and 
bec'auje  I  cftcem  it,  I  dilapprove  of  the  inde- 
pendent mcafures  of  the  congrefs;  which,  inftead 
of  tending  to  fccure,  or  obtain  it,  Irad  to  the 
deilruilion  of  ail  llherly,  and  \\\(in:rft  dangcnus 
tyranny,  I  do  not  diiTer  from  them  in  opjniort, 
that  America  has  grievances  to  complain  of', 
bvit  I  differ  from  them  in  the  mode  of  obtaining 
rcdrsfs.  I  ever  was  convinced  th-at  Great-Britain 
was  not  fo  defpicable  in  her  power  as  to  be  hec- 
tored out  of  her  rights  by  her  fubje(5ls  ;  or  that 

cwas  fo  ign^:)ran£  of  the  condition  of  the  col^-. 

nieS) 


r  . 


(    49    ) 

nics,  as  to  bclicreour  prctcnfions  to  indcpcnden*' 
cy  could  be  maintained.  I  forefaw  what  hat 
now  come  to  pal's,  that  wc  mult  cither  lubmit 
to  parliament...  y  authority, — or  to  be  a  con- 
qucrcd  people, — or  feck  for  rcdrefs  in  an  union 
with  the  mother  (late.  And  my  duty  as  a  fub- 
je(^t,  my  own  interell,  and  thcfafety  and  happi- 
ncfs  of  my  country,  ever  prevailed  on  me  to  pre- 
fer the  lalt.  Had  this  meafure  been  adopted  in 
the  year  1766,  i.i  all  probability,  the  rights  of 
America  would  have  been  rellorcd,  and  the  mofl: 
pcrfedl  harmony  would  have  this  day  fubfiftcd 
between  the  two  countries  :  But  unfortunately 
for  America,  fuch  ground  was  at  that  time  tak- 
en, as  rendered  it  inconfillent  with  the  honour 
and  dignity  of  parliament  to  meet  us. 

Great  pains  have  been  taken  by  the  American 
demagogues,  to  delude  the  unhappy  people, 
whom  they  have  doomed  to  be  the  dupes  or 
their  ambition,  into  a  belief  that  no  juftice  was 
to  be  obtained  of  his  Majelty,  and  his  houfes  of 
parliament  •,  and  that  they  had  rcfufed  to  hear 
our  mo.ft  reafonablc  petitions.  Hence  we  have 
feen  the  bed  of  Sovereigns  treated  with  the  grot 
left  abufe  and  infult,  the  afFedions  of  his  peoplt 
alienated,  and  many  of  his  faithful  fubje6ts,  dcf- 
ponding  of  relief,  taking  up  arms  againft  his 
authority.  It  is  high  time  that  this  fatal  delu- 
fion  fhould  be  expol^d,  ad  the  good  people  of 
America  difabuled.  li  is  true,  that  his  Majefl- 
ty  and  the  two  houfes  of  parliamsnt  have  treated 
petitions  from  the  colonies  with  ncgledt  j  but  what 
were  thofe  petitions .?  Did  they  reft  on  a  denial 
of  the  eflential  rights  ot  Parliament,  or  did  tl 
afk  for  the  rights  of  the  fubjcdt  in  America  ? 

o  ,        jretjTof 


^( 


w 


,    1 


m  1!  ■ 


H 


I) 


If  !'?'•■ 


%i 


!!l  ■• 


Iv 


4 


..n 


( 


50 


) 


»&*,'<. 


retrcfptdt  of  ail  the  petitions,  ever  prefcnted  to 
the  throne  on  this  i'ubjedl,  will  lliew  that  they 
conveyed  to  the  royal  ear,  nothing  but  the  lan- 
guage of  independence.     They  difowned   the 
power  of  the  fupreme  legillature,  to  which,   as 
fubjedls,  they  owe  obedience,   and  denied  a  ca- 
pacity in  the  colonies  to  be   reprefented — and 
upon  this  ground  they  infifted  on  a  repcM  of 
the  laws.     Here   they  ended.— iVi?  prayer,  nor 
the  kafi  intimation  of  a  deftre  to  be  united  with  Bri- 
tain  upon  a  juft  reftoration  of  their  rights !     Such 
were  the  petitions  of  the  colonics,  which  were- 
treated  with  negled  by  the  fupreme  power  of  the 
nation.     And  the  reafonable  and   fenfible  man 
will  now,  on  reflcdion,   determine,  whether  it 
becomes  us  to  refent  a-condu6t  of  this  kind,   in. 
our  fupefiors,  or  ratiicr  to  look  back  with  afton- 
ifliment  at  our  folly,  in  permitting  ourfclves  to 
be  led  by  defigning  men,   into  fuch  acts  of  dif- 
refpedl  and  infult.     Let  us  bring  the  cafe  home 
to  ourfclves.     The  relation    between  the   fove- 
reign  authority  and  its  meinbcrs,   bears  a  true 
refemblance  to  that  between  parent  and  child. 
Their  rights  and  duties  are  .Similar.     Shoulr'  a 
child  take  umbrage  at  the  condud  of  a  parent, 
tell  him  that  he  was  not  his  father,  nor  would 
he  confider  himfelf,  or  ad,,  as  his  child  on  any 
terms\  ought  the  parent  to  liften  to  fuch  unduti- 
fui  language,  or  could  he  be  juftly  cenfurcd  for 
treating  it  with  negledt,  01  even  with  contempt  ? 
In  order  to  prevail  on  the  congrefs  to  ddert 
their  fchemeof  indepence,  and  to  purfue  thofe  mea- 
fures  for  relloringthe  rights  of  America,,  which  car- 
ried with  them  a  profpcd  of  fuccefs;  a  member  of 
&  cong&vfs,  as  I  mentioned  before,  propofed  a 

«  *#^  plan 


■'  ■». 


i   I  / 


*■.. 


'■i 


\ 


I  t 


m^ 


\    I    )     . 


'■' 


(  51   ) 

r>lan  of  union  between  the  two  counrries,  whiclt 
would  have  rcftored  to  the  coloriifts  the  fu'l  en- 
joymenc  of  their  rights.  I  ha/e  often  converfed 
with  him  on  the  fubjed,  and  well  underftand  his 
principles,  and  what  pafTed  on  the  occafjon.  He 
wait<*d  with  pati'jnce  to  lee  whether  any  rational 
fchcmc  of  union  would  be  adopted  by  the  con- 
grefs, — determined  to  unite  with  them  in  any 
meafure  which  might  tend  to  a  reconciliation  be- 
tween the  two  countries  ;  but  hs  waited  in  vain  : 
And  when  he  found  them  bewildered,  perpetually 
changing  their  ground,  iiking  up  principles  one 
day,  and  fhifting  them  tiie  next,  he  thought  ic 
his  duty,  however  little  the  profped  of  fuccefs, 
to  fpeak  his  fentiments  with  iirmnefs,  and  to  en- 
deavour to  fhow  them  the  true  line  of  their  duty. 
After  proving  the  necefTity  of  a  fupreme  autho- 
rity over  every  member  ot  the  Hate,  tracing  the 
rights  ot  the  colonies  to  their  origin,  and  fixing 
them  on  the  moft  folid  principles j  and  thence 
fliewing  the  necclfity  of  an  union  with  the  mo- 
ther flate,  for  the  recovery  of  them  ;  he  intro- 
duced the  plan  with  the  relolve  which  precedes 
it.  But  before  he  delivered  it  to  be  read,  he  de- 
clared, that  he  was  fenfible  it  was  not  perfed; 
that  knowing  the  fundamental  principles  of  eve- 
ry fyllem  mud  be  firft  fettled,  he  had,  to  avoid ' 
perplexity,  contented  hmifelf  with  only  lay- 
ing down  the  great  out-lines  of  the  union; 
and  lliould  they  be  approved  of,  that  he  had  fe- 
veral  pr^^pofitions  of  leffer  confequence  to  make, 
in  order  to  render  the  fyftem  more  complete. 
The  plan  read,  and  warmly  feconded  by  fevcral 
gf'Ulemen  of  the  firil  abilities,  after  a  long  de- 
DAtc,  was  fo  far  approved   as  to  be  thought 

02  worthy 


I 

1 


. 


j^-i-JI*H.  ' 


■f    I 
I" « 


li 


*■) 


(         ( 


(-■'. 


{I- 


C    5^   ' )) 

worthy  of  further  confidcration,  and  referred  un. 
dcr  a  rule  for   that   purpofc,  by  a  majority  of 
the  colonies.     Under  this  promifing  alpcdt  of 
things,  and  an  cxp'-dtation   that  the  rule  would 
have   been  regarded,  or  at  leaft  that  Ibmethmg 
rational  would  take  place     to  reconcile  our  un- 
happy differences,    tiie    member  propofing    it 
was  weakly    led  to    fign   the  non- importation 
agreement,  although  he  had  unit'oimly  oppofed 
it ;  but  in    this     he   was    diiappomted. — Thet 
nacafures  of  independence  and  fedition^  were  foon 
after  pi  eferred  to  thoie  of  harmony  and  liberty ;  and 
no  arguments,  however  rcafonable  and  juil,  could* 
prevail  on  a  majority  of  the  coloixies  to  delert 
ttiem.     The  refolve,  plan,   and   rule    referring 
them   to   further   confideration,  fo   inconfiftent 
with  '.he  meafurcs  now  rcfoiv^ed  on,   were  ex- 
punged  from  the  minutes ;  with  what  view  let 
America  determine  :  And  while  the  enemies  to 
the  gentleman  \^ho  propoftd  them,  arc   abiiling. 
hinvfor   offering  and   publishing  to  the  world 
the  moll  infaftious  falfhood,  in  reprefenting  it  as 
niinifterial,  and  Tent  over  to  him  by  Lord  N — h  \ 
they  have  copies  of  it  in  their  pockets,  induf- 
tmouQy  concealing  it  from    the  world.     With 
what  view  can   this  be,  but  that  their  malevo- 
lent Mperfions  may  take  the  greater  effeft?    In 
jaftice  therefore  to  the  charafter  of  this  gentle-*  - 
man,  and  thxt   America  may  fee  and  judge  forf 
itibifj  tliey  z$%  here  offered  to  its  confidcration^ 


\if 


<   1' 


m\ 


ionnii 


KfSOLV^^I 


I '' 


;• 


I  \ 


(    53     ) 

I 

*''      Resolved, 

That  the  Cong»efs  will  apply  to  hib  Majefty  for  a  redreft 
of  grievances  undtr  which  his  faithful  fubjeds  in  America 
labour  ;  and  aflure  him,  that  the  Colonies  hold  in  abhorrence 
the  idea  of  being  conHdered  independent  communities  on 
tJie  Britifli  government,  and  moil  ardcnely  delire  the  tilab- 
lilhment  of  a  Political  jUnion,  not  only  among  thcmi'elves, 
but  with  the  Mother  State,  upon  thqfe  principles  of  fafety 
and  freedom  which  are  efTential  in  the  conftitution  of  all 
free  governments,  and  particularly  that  of  the  Britiih  Le- 
giflature  ;  and  as  the  Colonies  from  their  local  circum- 
ilances,  cannot  be  reprefented  in  the  Piirliament  of  Great- 
Britain,  they  will  humbly  propofe  to  his  Majefty  and  his 
two  lioufes  of  Parliament,  the  foUwoing  plan,  under  which 
the  ilrength  of  the  whole  Empi'-e  may  be  drawn  together 
on  any  emergency,  the  intereft  of  both  countries  advanced, 
and  the  rights  and  libe:rties  of  America  iecured. 

A    Plan  of  a  propofed  Union     between 
Great- Britain  and  the  Colonies. 

THAT  a  Briti/h  and  American  legiflature,  for  regu- 
,  laiing  the  adminillr?.tion  of  the  general  aitairs  of 
America,  be  propofed  and  eftablifhed  in  America,  ir.clud- 
>ng  ail  the  faid  colonies^  within,  and  under  »  bich  p-overn- 
jnent,  eich  colony  Ihall  retain  its  prefcnt  co;iititu;ion,  md 
powers  of  regulating  and  governing  it  ,vn  internal  police, 
in  all  cafes  whatever. 

That  thcfaid  government  beadminifteied  by  n  Prefident 
General,  to  be  appointed  by  the  King  and  a  gi.i^  d  Coun- 
cil, to  be  chofen  by  the  Rcprefentatives  of  the  pe  :ple  of 
the  feveral  colonics,  in  their  refpeilive  Affemblies,  one* 
in  every  three  years. 

That  the  feveral  Aflpmblies  Ihall  choofe  members  for 
the  grand  Coi?ncil  in  t.\e  following  proportions,  viz. 


New-Ham'^(hire, 

Maflachi.ifctts-Bay, 

Rhode-IUand, 

Connedicut, 

New- York, 

l^ew  Jerfey, 

Fennfyivania, 


Delaware  Counties, 
Maryland, 
Virginia, 
North-Carolina, 
South- Carolina, 

and 
Georgia. 


|1 

^ 


^\ 


Who 


V.  , 


V. 


MM 

m 


\  i:: 


111 


\' 


W  I  , 


(     54    ) 

Who  (hall  meet  at  the  city  of  for  the 

fiift  timf,  being  called  by  the  Prefidcnt-General,  as  foon 
as  conveniently  may  be  afcer  his  appointment. 

That  there  lliall  be  a  new  eleftion  of  members  for  the 
Grand  Council  every  three  years;  and  on  the  death,  remo- 
val or  refigtiaiion  of  any  member,  his  place  Ihail  be  fup- 
plicd  by  a  new  choice,  at  the  next  fitting  of  Alfembly  of 
Ute  Colony  he  reprelentcd. 

That  t]\e  Grand  Council  (hall  meet  once  In  every  year, 
if  they  fliall  think  it  ncce.Tiry,  and  oftner,  if o<cafions 
Ihall  require,  at  furh  time  and  place  a:>  they  Khali  adjourn 
to,  at  the  lail  preceding  meeting,  or  as  they  Ihall  be  called 
to  meet  at,  by  the  Prtfident-Gcneral,  on  any  emergency. 

That  the  grand  Council  fliall  have  power  to  choofe  their 
Speaker,  and  fliall  hold  and  exercife  all  the  like  rights,  li- 
berties and  privilejjes,  as  are  held  and  cxercifed  by  and  in 
the  Houfe  of  Commons  of  Great-Britain. 

That  tliePrelidrnt-Gcneral  fliall  bold  his  Office  during 
the  pleafure  of  the  King,  and  his  aflent  fliall  be  requifite 
to  all  ads  of  the  Grand  Council,  and  it  fliall  be  his  office 
and  duty  to  caufc  them  to  be  carried  into  execution. 

'I  hat  the  Prefident  General,  by  and  with  the  ad^i'ice  and 
coiiicnt  of  the  Grand-Council,  hold  and  exercilie  all  the  le- 
giil  1  ive  rights,  powers,  and  authoritiefi,,necefl'ary  for  regn- 
lating  and  :/ininiflring  all  the  [general  police  and  affairs 
fcf  the  colonies,  in  which  Great-Britain  and  the  colonies,  or 
any  of  diem,  the  colonies  in  general,  or  more  than  one  co- 
lony, are  in  any  manner  concerned,  as  well  civil  and  cri- 
minal as  commercial. 

That  the  faid  PrefiJent-Gencral  and  Grand  Council,  be 
an  inferior  and  dillinil  branch  of  the  i  ritifli  legiflature, 
united  and  incorporated  with  it,  for  the  aforefaid  general 
parpofes ;  and  that  any  of  the  laid  general  regulatibns  may 
originate  and  be  formed  and  digefted,  eitlic  in  the  Parlia- 
ment of  Great-Brit.ain,  or  in  the  faid  Grand  Council,  and 
being  prepared,  tranfmitted  to  the  other  for  ihcir  approba- 
tion or  dJlfent  ;  and  that  the  afi'ent  of  both  fliall  b«  requi- 
site to  the  vali  Uty  of  all  fuch  general  a£ls  or  ftatutes. 

That  ill   time  of  war,  all  bilU  for  granting  aids  to  the 
rown,  prepired  by  the  Grand  Council,  and  approved  by 
I  Prefident  General,  fliall  be  valid  and  paflisd  into  a  law, 
:liout  the  affent  <?f  the  Britifli  Pailiament, 

I  fliall 


V  >- 


-f . 


^■4 


-■^.... 


^m^mmw 


r 


•      i\ 


\   I) 


?!■ 


(    55    ) 

I  fhall  not  affirm  that  this  plan  is  formed 
iipoa  the  moft  perfe6l  principle  of  policy  and 
government  •,  but  as  it  is  an  univcrfally  prevail- 
ing opinion,  that  the  C(jlonies  cannot  be  repre- 
fented  in  parliament :  I  know  of  none  other 
which  comes  fo  near  to  them  ;  and  it  is  moft  evi- 
dent, upon  a  due  conlSvieration  of  it,  that  the 
rights  of  America  would  have  been  fully  rtftor- 
ed,  and  her  freedom  effeflually  fecured  by  it. 
For  under  it,  no  law  can  be  binding  on  Ameri- 
ca, to  which  the  people,  by  their  reprefentatives, 
have  not  previouQy  given  their  confent :  This 
is  the  eflence  of  liberty,  and  what  more  would 
her  people  defire  ? 

The  author  of  this  plan  feems  to  have  form- 
ed it  on  a  comprehenfive  view,  of  the  regula- 
tions neceffary  to  the  intercft  and  fafety  of  tl^e 
colonies.  Thefe  he  has  divided  into  two  claffes: 
the  firft^contain  all  fuch  as  the  colony  Icgifla- 
tures  have  a  right  to  make,  under  the  feveral 
conftitmions,  and  to  which  they  are  adequate  ; 
thefe  to  remain  under  their  decifions  ;  it  being 
declared  in  the  phn,  that  "  each  colony  fhall 
**  retain  its  prefent  coiiftitution  and  powers  of 
*'  regulating  and  governing  its  own  internal  po- 
*'  lice  in  all  cafes  whatever.**  The  c'.hei^s,  which 
are  to  be  the  objedls  of  the  deliberations  and  de- 
cifions of  the  grand  council,  relate  to  the  gene- 
ral interefts  and  fecurity  of  the  colonics,  and  arc 
abfolutely  neccflary  for  thofe  purpofes  5  fuch 
laws  for  granting  aids  to  tlie  crown,  and  levy- 
ing taxes  in  jult  and  realonable  proportions  in  the 
colonies — for  regulating  a  general  paper  curren- 
cy, and  the  •  .lue  of  foreign  coins,  which  ©if 
ill  all  good  policy,  to  be  eftabliHicd  on  fundi 

equal!/ 


V?' 


tf* 


.i 


iil 


mm 


mmmm 


■'■  Vi 


.vi;. 


K  ; 

i 

I 


Is  '  i 


I 


equally  folid,  and  afcertained  at  the  fame  value: 
Laws  for  regulating  and  quartering  troops, 
which  may  be  necefiary  for  their  general  pro- 
te61:Ion  -,  for  fettling  difputcs  between  the  colo- 
nies, refpefting  their  boundaries — with  a  variety 
of  other  matccrs  that  muft  naturally  arifc  from 
die  jarring  interefts  of  thJt  colonies,  which  will 
continually  encreafe  with  the  encreale  of  their 
wtalth  and  commerce.  And  as  to  ihofe,  it  muft 
be  owned,  that  the  colony  legiflatures  are  not 
adequate  -,  but  that  they  mult  be  made  either  by 
the  parliament,  or  by  Ibme  new  cllablilhment 
for  thofe  purpofes.  The  authority  of  the  firft 
v/as  objected  to  -,  j?nd  as  to  the  fecond,  or  any 
other  fyttem  of  union,  it  being  incompatible  with 
the  fcheme  oi  independence,  it  was  not  thought 
worthy  of  attention. 

Objcdions  were  indeed  made  to  this  plan, 
which  it  may  not  be  improper  here  to  mention. 
It  was  laid,  "  that  the  delegates  did  not  come 
"  with  authority  to  confent  to  a  political  union 
*'  between  the  two  countries."  To  which  many 
arguments  were  oppofed,  to  fhow  that  they  had 
fuch  authority  or  none;  and  concluded  with  de- 
firing,  that  if  that  was,  in  the  opinion  of  themem- 
bers,  the  cafe,  yet  that  the  congrefs  ought  in 
juftice  to  their  country  to  digcft  and  form  one, 
and  recommend  it  to  their  refpe6live  aflem- 
blies-,  by  whom  it  would  be  prefented  with  more 
conftitutional  propriety  than  by  any  other  bo- 
dy of  men.  It  was  further  faid,  "  that  themem- 
"  bers  of  the  grand  council  would  be  corrupted, 
"  and  betray  the  intereft  of  the  colonics."  To 
(^  was  anlwered — That  if  American  virtue 
Vas  &^  firm  enougn  tQ  ijjaintaiu  American  li- 

berty. 


W 


f 


>-' 


:!K-^L1^-^1^CT; 


V    -.  *^ 


c  /  whatQv«h  I  bwt  Iul>pt)fe  tiK'pti^lqtQi>?::in  ikt^Y 
f ape  ar:ft*te)^yeti  al  dw  jclfiSi^ivd^'  liio^niibajibcrs 
V/4S1I0  be  tvrtjtimttlv  «^dy;  migliiiciiangii!;  tjfiejji^jovjify 
giyncfrA^jm^'tteriicni  of  jencir^cy*^  Rttjeflary  x6  btftbc 
1  lit , iievf  itbtmbjcJra,  wpMld-  bo,im>j gr<3Jii;  to-jto  f^pe 

Ajf ;  Iii3«r;ty,^¥g*!<jj4w  It*'  ^heipariiarri .'ut  of  lEttgJ^n^ 

rUiptiQn,:  jikfeJn,  .tfi:fty?<:(id  ^11  jiiiiqi^K^ae^iCitfjcMon- 
ltrary,!  tili^yricaigjit,/  by  Siii*triii.ife,tttiej)^'<?f^^iiijt,thc 
piaoV  make  tht^i .el^.ohr  ijucoiliil^-  pr  ,  iminix^ 

thii'd  (olb^etfliqa'  .w^a, ;  Ilhftd  ijt<i(i^j.:tri;ve,4.  tlitf tcoW 
ny)./l«gift4(Uiw9;Qf  a  p»rc.  of  tiafek  ri^Utvv^oTji 

capalble  of  paifliJhg  layrs  tQi^BeguirtJefjja  jmerltii 
poliflt^v  bat»  floij.adi^qw4t<p!j»  ,khf  gmt^^l  Scegut 
UtioH,  i>9E  even .ia'  .tbc  ntcjs^i;y.  iwe ,iif-:«p«fti'ieH. 
Tte  thenc  is  ©0  pirapofiDiorii :  atoi?t  JHft^iXl^tti . 
tha^  0y«ry  cplori jr, ,  aa  a  i^en^bdr  ,of  U'hq  ftat^, 
puaht  tb  Jbci  (ibiiged  tO!  cotoLCfrbiitd.ttwfaifiid  tKfe 
ileleficc  of  the  wihokv  i^.ptopQrport  to:  the  pra*- 
perty  aad  wealth  w^tch  wlr  ^colipi&y  yo&kfks.. 
Tbajc  this  waprinwy  cpniKtetatioairi:  every 
Ibciety ;  and :  tlm  rw*  one  eolQR)6  bailv  4  ccwftitw* 
tiqnal  powel"  to  obtain  the  amoMntiaoi^  yaiUaadf 
il^  property  ©£  fcbe  iOchcr^v  b^  which:  toirfcer* 
tain  iti^.propK^tion;  ,  Nocwas  t^(^r^)any"  aotjio* 
rity  whatever^,  fave  the/  Britiftt  Parliaineiii:,  jtq 
compel  r«fr<t^or>!  colonies:  tp: .  da  t-Iictt-i  WA\b]i» 
aWe/duty, in  thiftiorany  other  gcnenai  me^-ure^ 
arid'  th  at  this:  plan  yrai  Vb  lir.j  ^om  •  dk  iij  -  ^  " '  - 
.theirights  of,  ajiy  cofloriy  kgiflatii^tr^ 
tepd^d  then)  V  (3iy.giiingito.each:  aw 
;fiuiJ:;n:  ft  2 


m"' 


(  >' 


'V* 


n 


I 

V 


I 


(     58     ) 

tU>fiy  to  decide  tipotv  regulations '^hich  ithtf 
to  the  general  police  of  all  rhe  colonies. 

Such  watthe  plan  laid  before  the  congrefs^ 
the  objedlions  againft,  and  the  argunKnts  in  fa- 
vour of  it.  They  are  here  laid  before  the  pub- 
lic, to  Enable  them  to  judge  for  themielves,  whe- 
ther, as  a  reprefentation  in  parliament,  is  generally 
fuppoied  to  be  impracticable,  any  thing  more  con^ 
fiiccnc  with  their  fafety  could  have  been  adopted. 

Had  this  unhappy  eon troverfy  been  of  the  firft 
imprefTion  in  the  l£ngliifb  government,  I  fhould 
iK)t  be  furprifed  to  find  the  advocates  of  Ame- 
rica fo  much  at  a  lofs  for  principles  upon  which 
to>  aik  for,   and  obtain  her  rights*     1  confefs  I 
know  not  whether  to  attribute  their  ftrange con- 
duct to  a  total  ignorance  of  the  merits,  or  to  a 
defign  from   the  beginning  to  throw  ofi^  all  po- 
litical connections  wUh  the  Britifh  government. 
However  this  may  bs,  precedents  are  not  wanti 
ing  upon  wtikh  to  rea^hn,  and  to  form  a  remedy. 
The  principality  of  Wales,  the  Bifhoprick  of 
Durham,  and  the  PUlatinate  of  Cheiler,  laboured 
under  the  like  grievances  v  being  bound  by  the 
laws  of  parliament  for  many  years,  without  hold- 
ing a  ihare  in  the  fupreme  authority.    Great  dif- 
content  arofe  frqrxi  the  (lavtAi  didindtion  between 
the  fubfedts  of  the  fame  ftate.     The  oppreiTcd 
thought  it  their  duty,  as  n\embers  of  the  ftate, 
to  petition  the  parliament  for  a  ihare   in  their 
authority.    And  fuchi  was  fhe  equity  and  juf- 
ttce  of  their  claims,  that  they  became  thereupon 
Tcfted  with  this  important  privilege.     When 
JII.  conquered  Calais,  and'fettled  it  with 
^merchants,  with  intent  to  extend  his 
and  cncreafe  the  commerce  of  the 

nation  i 


(    59    3 

natbn  ( it  was  held  fo  incompatible  with  En* 
glifh  liberty^  that  the  authority,  of  parliament 
mould  extend  to  members  who  did  not  partake 
of  it,  that  they  were  incorporated  with  the  Eng- 
}iih  government,  and  ihared  in  its  legiilature. 

What  then  is  to  be  done  ?  Is  it  tgN(»  Jljite  to  nv 
pover  from. our  madnefs,  and  toj^lfrtKihe  dic- 
tates of  reafon  and  duty  }  By  ni^  ^Mffm/  But 
it  is  high  titTie  we  had  changed  )Q|ij»*imafures, 
and  retreated  from  the  dangers  wiifh  which  we 
fire  threatened.  Let  us,  like  men  who  love  order 
and  government,  boldly  oppofe  the  illegal  edicts 
^  the  eongrefs,  before  it  is  too  late, — pull  down 
the  licentious  tyranny  thty  have  cftablilhcd,  and 
diffolvc  their  interior  comniittees, — their  inftru- 
ments  to  trample  on  the  facredlaws  of  your  coun- 
try, and  your  invaluable  rights.  This  don.?,  and 
peace  and  order  rcftored  within  your  levcral  pro- 
vinces  ;  apply  to  your  aflcmblies,  who  are  your 
conftitutional  guardians,  andean  alone  procure, 
a  redrefs  of  your  grievances.  Entreat  them  in  a 
refpedbful  and  dutiful  manner,  to  petition  his 
Maiefty  and  his  two  ho^fes  of  parliament — and 
in  their  petitions  to  aflfure  them,  "  Tliat  you  are 
^'  fenfible  of  the  necelfity  of  a  fupreme  legifla- 

ture  over  every  member  of  the  Hate-,  that  you 
*'  acknowledge  yourfclves  fubjcds  of  thtr  Britifh 
^\  government  \  tha^you  have,  through  innu- 
^^  merablc  dilHcultics  and  perils,  fettled  and  im- 
^'  proved  a  wildcrnefs,  extended  the  territories, 
*'  and  greatly  encrcafed  the  wealth  and  power  of 
^'  the  nation  :  That  by.  fnch  (ettlement  you 
^^  have  lofl:  tkc  enjoyment  of,  tliough  n( 
^'  right  to,  foraC'of  the  firll  and  moll 
.«.  of  *-he  privileges  of  Englifhmen  : 


44 


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'  ^t  l(intiii),{!thAt  the  l;|fi«ifld  inMi^hl  i  QV /ti^c,  fr^O- 
*^  lv»liklt.oi:;cveiiytjlMi)i(tti?  ikN»  ,»rm^fiW)9i\fli^Q(llfi 
>^}  jairti|(j|jgJD  thcluywpir  i«BiUii^t<v»ii»MtlWity, 

Mlpottci  ^crnmentsid  ,Xh«iOoj:^f/i^:l>M^^ 
'*  «>  Amrica^  ncir  thiJ-  pftfortim  ikH0^\'  **  't^riS* 
*V  <5f;^4^««^Jv  cnjoy;tjiek  amtlc;ilr.iiri^te,Q 
.^*V:tLcr{UKting  in  the  audbonty  of  parlidilHOi^iA/)^ 
.*A  |icfi  that  laws  have  been  rnftde»  i  biy*  tJiai^iiM^ 
'Vrityv  fiftr  levying  taxes  i^pon  iytOMTtipi^pfflBt^M) 
"V  fqrTeiUiaining.and'prgAiibitingywi^.tJWrff  .wi 
'  cpmnvrce^  forr  fuppK:(rwg  y^^iv  »vmivrfi^<^^M?«^ 
**ufor  regulating  youniii^^yi^*  pvli«?»  aiiMi;.^o- 
privpg  you  of  many  o);her;  rifihw*^  t<^i)i*^h 
you  areentitW  a»  >E4^gl^»fti  ,ui^*i<^si  rif^b^kt 
*»..by; fuch  regulations yqw  have  h^m  5iggi^V«4 
•H  and  qpprdfied,  and  grt^V  du'QQr>t<JiM»jN^t#J>fen 
•*\  in.the  boeafts  pf  his  Miaicfty>^>ii>WAiV4fnfr 
*^;  rican  Ivibjcdts,  to  the  d«&l»<^«^«o€*v!^ft  v^a«*- 
mony  which  ought  tO>f^tif»iV>bf«WCn!y1il^ 
hers  of  the  fame  conmmkyf.0i\*Jff(f^^^^^ 
judice  of  the  ^onnnon ,w«rilW  jn1hli»l?i}a«>^ 
for  want  of  inclinacioWi  h\il  KApm^^L^m^g 
from  the  difunited  ftater^;  th^  jG(^c<i|i^*'cfh«c 

**  you  have  not  difchargedi,  mi^  JMjfet^  Mll^g 

yourfdvCJS^  tholf  .d^^jcs  ,^hich  tSp^t^^jfti  to 

fibers  of  the  ftaie :     A^d  4befii|)tiv|Jfr«n 

you  may  not)  Qi^l^ib^i if#^pygp^ 

[ty,  but;  to  aU  tteeights  ofr 

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^^  \Mk>n  itlch  prificij>fe4  'Srafccrty  aiid  |fd>K(^^  ^i 

Juf^atiiiiti  Id  l^dUfotedtd  Mid  iKhblHhe^  oh'the 

'#ittl%t4i)  il>ipUiv'<$fJib>fibh  ^  -fniay  be  i^Ff^Iy  di- 
ig^^^'by  'ymir  1l9^raflf^iJlIi^Mies,'  'thfre  i<  no 

mom  cd  d«obti >^  lW-grildduf|r  febfttv^-  thd 

dtly  ^ClWlid^d  td^b/%iis  iM^j)H^  jlrtd'  his  two 

«)ttHi<HVyf^i(H}«i!hettt,^^afid'finfanyt^  in  a 

loll  t«Ml  tif  ycJuK  ii^riffvtth^C!!,  and  •»  perma- 

pin^t'fijffhfm'^f Sttiliyn%rtd'h#nioriy,  iijion  ft\tf 

crj)If8»4D£lli!ikfffy'«nd  fitfhy.  •  But  kt  me  tfftrrftc 

!  .y»(5«iv  »W  td  titrft  thefe  ji^ftiohsito  ydiar  agents 

-Jite$ey.^blUf  fdlkfi^thft'^^e  bcainplei  of  the  Gre- 

<5ian>i!iiii1^imtoVcfebrti'ft^i^ltndover  withf  ^em 

r'0ftcv«>f'^hl«re^d<^legiitt^,  to  remove  the'?  pi^ctertt 

-^iiejtidfc«;  tcycwate -j^l^ichd«;  !and  rb  fdlieit  yotir 

cMti    l1fe^ttk^n(?eWSll  be' ttiflmg,  their  utl!^- 

fy  |ii«y{be^a!t,^i^th«J  itapoptaflfcd  of  yourtlghts 

Thus  I  have,  my  dear  ^ountryiiien,  iik\\  ilie 

'  ^^m(^^  artd'phe  moft  b^- 

J^ti|^arS:i^^         |rfie,mtcreft and  happj- 

%  lafpjMore  you  >  ^hir  oonftitutional  exteiij: 

©f  f)«a^Ujttnc^i  y  jfurtfdiiftion,  >ind  dtikted  yoOr 

righi»fiN>mW  and;  ex- 

[.pja^  5^  dMftici    I  ^«vc  pointed  cut'  the 

HiQ%!liS/hibdi  f  am:ct>ftli»^      fm  ought  to  pur- 

iu©  ^r  '»  W!*|&^^  righ^ti     I  baVe 

ihowed^^d!jtJtKt^6IIy^6^  ftbw  in  asi- 

^^tioii  foc"d]#t  :pmrp:jic.    M?  ipoft  finccre  wifli 

^xifii!lbia;yoii>mi^yatlil7our4lvts  of  tSe  ii 

^MBiiioiiy  ttijO^ret^rfrom  the  danger  and  '^ 

'  "^l^tftSiMbi^  too  % 

!^^«^'  J^liiM*  i  c^^  a(k  youH 


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